The Resettlement Policy Framework - For Disclosure

THE REPUBLIC OF UGANDA
MINISTRY OF EDUCATION AND SPORTS
UGANDA TEACHER AND SCHOOL EFFECTIVENESS PROJECT

THE GLOBAL PARTNERSHIP FOR EDUCATION PROJECT (GPE)
RESETTLEMENT POLICY FRAMEWORK (RPF)
July, 2013
Table of Contents
ABBREVIATIONS AND ACRONYMS .............................................................................................................. 4
1.0 BACKGROUND ............................................................................................................................................. 7
2.0
PROJECT DESCRIPTION .............................................................................................................................. 8
PROJECT COMPONENTS ..............................................................................................................................................8

4.0 OBJECTIVES AND BASIC TERMS OF PREPARATION OF THE RPF .................................................. 9
5.0 SOCIO-ECONOMIC ASSESSMENT .................................................................................................................... 11
5.1 PEOPLE AND POPULATION DYNAMICS IN UGANDA ........................................................................................................11
5.1.1 The People ..................................................................................................................................................11
5.1.2 Population Dynamics .................................................................................................................................11
5.1.3 Terrestrial Resources and relation to the project ......................................................................................13
5.1.4 Aquatic Resources .....................................................................................................................................14
5.1.5 Cross-Sectoral Resources............................................................................................................................15
5.2 SOCIO-ECONOMIC AND CULTURAL ENVIRONMENT ........................................................................................................17
5.2.1 Human settlements, housing and urbanization .........................................................................................17
5.2.2 Safe water and sanitation ..........................................................................................................................17
5.2.3 Environmental pollution .............................................................................................................................17
5.2.4 Poverty .......................................................................................................................................................18
5.2.5 Health .........................................................................................................................................................18
5.2.6 Cultural heritage ........................................................................................................................................18
6.0 RESETTLEMENT .............................................................................................................................................. 20
6.1 INVOLUNTARY RESETTLEMENT .........................................................................................................................20
6.2 BASIS FOR THE RESETTLEMENT POLICY FRAMEWORK .....................................................................22
6.3 OBJECTIVES AND JUSTIFICATION OF THE RPF ......................................................................................23
6.3.1 Objectives of the RPF ................................................................................................................................23
6.3.2 Specific Objectives .....................................................................................................................................23
6.3.3 Justification for the RFP ............................................................................................................................23
7.0 THE LEGAL AND POLICY FRAMEWORK ............................................................................................ 29
7.1 THE LOCAL GOVERNMENT ACT 1997 .......................................................................................................29
7.2 LAND TENURE AND OWNERSHIP ..............................................................................................................30
7.2.1 The Uganda Constitution of 1995 ..............................................................................................................30
7.2.2 The Constitution and the Land Tenure Systems .........................................................................................30
7.2.3 The Land Act 1998 .....................................................................................................................................31
7.2.4 The Uganda National Land Policy 2011 ...................................................................................................32
7.2.5 The Acquisition Act (1965) ........................................................................................................................33
Resettlement Policy Framework (RPF) for GPE, 2013
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7.2.6 Land Tenure and Property Rights ..............................................................................................................33

7.3 WORLD BANK POLICIES ..............................................................................................................................34
7.3.1 Comparison between Land Law in Uganda and Bank OP 4.12.................................................................35
Table IV: Comparison of Ugandan and World Bank Policies on Resettlement and Compensation ...................36
THE WORLD BANK OP4.12 TAKES PRECEDENCE OVER THE UGANDAN LAW .................................................................39
EACH SUB-PROJECT WILL BE ASSESSED AND WILL TAKE RELEVANT STEPS WILL BE TAKEN APPROPRIATELY GUIDED BY THE
RPF .........................................................................................................................................................................39
8.0 LAND ADMINISTRATION AND CATEGORIES OF AFFECTED PERSONS ....................................... 42
8.1 JURISDICTION OF THE FRAMEWORK .......................................................................................................42
8.2 GENERAL LAND ACQUISITIONS, TITLE, TRANSFER AND TERM OF OWNERSHIP ..........................42
8.3 LIKELY NUMBER AND CATEGORIES OF AFFECTED PERSONS ...........................................................43
8.4 CUSTOMARY LAND USERS WITHOUT A FORMAL TITLE .....................................................................45
9.0 STEPS TO BE FOLLOWED IN LAND ACQUISITION AND RESETTLEMENT FOR THE GPETEACHER EFFECTIVENESSPROJECTINVESTMENT ACTIVITIES ....................................................... 47
9.1 THE SCREENING PROCESS ..........................................................................................................................47
9.2 STEPS LEADING TO PREPARATION OF THE RESETTLEMENT ACTION PLAN ..................................47
Table V: Entitlement Matrix ...............................................................................................................................50
9.3 PUBLIC CONSULTATION AND PARTICIPATION .....................................................................................55
10.0 GUIDING PRINCIPLES FOR THE VARIOUS TYPES OF LAND ACQUISITION MECHANISMS .. 57
10.1 PREVIOUS AND CURRENT LAND ACQUISITION PRACTICE...............................................................57
10.2 PROPOSED LAND ACQUISITION MECHANISM .....................................................................................57
10.3 VOLUNTARY LAND CONTRIBUTIONS WITH COMPENSATION.........................................................58
10.4 INVOLUNTARY ACQUISITION OF LAND ................................................................................................58
11.0 ELIGIBILITY CRITERIA AND CONDITIONS FOR DISPLACEMENT OF GPE PROGRAM
AFFECTED PERSONS ..................................................................................................................................... 59
11.1 WORLD BANK CRITERIA FOR DETERMINING ELIGIBILITY FOR COMPENSATION ......................59
11.2 PROCEDURES FOR PAYMENT OF COMPENSATION .............................................................................60
11.3 UGANDAN LEGISLATION ON COMPENSATION....................................................................................60
11.4 CONDITIONS TO BE FOLLOWED IN DISPLACEMENT OF PEOPLE .....................................................60
12.0 NOTIFICATION, VALUATION PROCEDURES AND ENTITLEMENTS............................................ 61
12.1 NOTIFICATION PROCEDURE ....................................................................................................................61
12.2 VALUATION FOR STATE OWNED LAND ................................................................................................61
12.3 VALUATION FOR CUSTOMARY LAND ...................................................................................................61
12.4 CALCULATIONS FOR COMPENSATION PAYMENTS AND RELATED CONSIDERATIONS ............62
12.4.1 General Considerations ...........................................................................................................................62
12.5 ENTITLEMENTS FOR COMPENSATION ...................................................................................................63
13.0 PROCEDURE FOR DELIVERY OF COMPENSATION ........................................................................ 64
13.1 CONSULTATION AND PUBLIC PARTICIPATION ...................................................................................64
13.2 NOTIFICATION OF LAND RESOURCE HOLDERS...................................................................................64
13.3 DOCUMENTATION OF HOLDINGS AND ASSETS...................................................................................64
13.4 COMPLAINTS AND GRIEVANCES MECHANISMS .................................................................................64
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14.0 RESETTLEMENT FUNDING ................................................................................................................... 66

Table VI: Indicative Outline of a RAP Budget ...................................................................................................66
15.0 IMPLEMENTATION AND MONITORING PLANS ............................................................................... 69
15.1 RESETTLEMENT ACTION PLANS .............................................................................................................69
15.2 MONITORING ARRANGEMENTS ..............................................................................................................69
Table VII: Indicators of RAP Impacts .................................................................................................................72
ANNEX 1: WORLD BANK RESETTLEMENT POLICY FRAMEWORK (RPF) .................................................................. 75
ANNEX 2: ANNOTATED OUTLINE FOR PREPARING A RESETTLEMENT ACTION PLAN (RAP) ................................... 77
ANNEX 3: SAMPLE GRIEVANCE AND RESOLUTION FORM..................................................................................... 81
ANNEX 4: SAMPLE TABLE OF CONTENTS FOR CONSULTATION REPORTS.............................................................. 82
List of tables
Table: I
Population characteristics of Uganda ...12
Table: I I
Categories of losses and their impacts and displaced persons.22
Table: II
RPF Implementation Structure..25
Table: III
Key Lessons from UPPET RPF Review..26-28
Table: IV
Local Government Units29
Table: V
Comparison of Uganda Law and World Bank Policies on RAP...36-41
Table: VI
Entitlement Matrix.50-54
Table: VII
Indicative Outline of a RAP Budget.66-68
Table: VII
Indicators of RAP Impacts72
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ABBREVIATIONS AND ACRONYMS

BoG
BRMS
CAO
CMU
DEO
DLB
DLT
DPs
ECD
ECE
EMIS
ESMF
GoU
GPE
ILO
KCCA
LG
LGDP
LRA
MoES
NECDP
OP
PAPs
PLC
PTCs
RAPs
RPF
SMCs
TC
ULC
UNICEF
UPPET
Board of Governors
Basic Required Minimum Standards
Chief Administrative Officer
Construction Management Unit
District Education Officer/Office
District Land Board
District Land Tribunal
Displaced Persons
Early Childhood Development
Early Childhood Education
Education Management Information System
Environmental and Social Management Framework
Government of Uganda
Global Partnership for Education
International Labour Organization
Kampala Capital City Authority
Local Government
Local Government Development Program
Lords Resistance Army
Ministry of Education and Sports
Nutrition and Early Childhood Development Project
Operational Policy of the World Bank
Program Affected Persons
Parish Land Committees
Primary Teachers Colleges
Resettlement Action Plans
Resettlement Policy Framework
School Management Committees
Town Council
Uganda Land Commission
United Nations Childrens Fund
Universal Post-Primary Education and Training
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DEFINITIONS
Unless the context dictates otherwise, the following terms will have the following meanings:
Census means a field survey carried out to identify and determine the number of GPE program
Affected Persons (PAP) or Displaced Persons (DPs) as a result of land acquisition and related impacts.
The census provides the basic information necessary for determining eligibility for compensation,
resettlement and other measures emanating from consultations with affected communities and the local
government institutions (LGIs).
GPE program Affected Person(s) (PAPs) are persons affected by land and other assets loss as a result
of GPE activities. These person(s) are affected because they may lose, be denied, or be restricted access to
economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether
or not they will move to another location.
Compensation means the payment in kind, cash or other assets given in exchange for the acquisition
of land including fixed assets thereon as well as other impacts resulting from GPE program activities.
Cut-off date is the date of commencement of the census of PAPs or DPs within the GPE program area
boundaries. This is the date on and beyond which any person whose land is occupied for GPE program
GPE will not be eligible for compensation.
Displaced Persons mean persons who, for reasons due to involuntary acquisition or voluntary
contribution of their land and other assets under the GPE program, will suffer direct economic and or
social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated.
These people may have their: standard of living adversely affected, whether or not the Displaced Person
will move to another location ; lose right, title, interest in any houses, land (including premises,
agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to
productive assets or any means of livelihood.
Involuntary Displacement means the involuntary acquisition of land resulting indirect or indirect
economic and social impacts caused by: Loss of benefits from use of such land; relocation or loss of
shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not
the Displaced Persons has moved to another location; or not.
Involuntary Land Acquisition is the repossession of land by government or other government
agencies for compensation, for the purposes of a public GPE program against the will of the landowner.
The landowner may be left with the right to negotiate the amount of compensation proposed. This
includes land or assets for which the owner enjoys uncontested customary rights.
Land refers to agricultural and/or non-agricultural land and any structures there on whether temporary
or permanent and which may be required for the GPE program.
Land acquisition means the repossession of or alienation of land, buildings or other assets thereon for
purposes of the GPE program.
Rehabilitation Assistance means the provision of development assistance in addition to compensation
such as land preparation, credit facilities, training, or job opportunities, needed to enable GPE program
Affected Persons and Displaced Persons to improve their living standards, income earning capacity and
production levels; or at least maintain them at pre-GPE program levels.
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Resettlement and Compensation Plan, also known as a Resettlement Action Plan(RAP) or

Resettlement Plan - is a resettlement instrument (document) to be prepared when program locations
are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of
shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs
are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legal
binding requirements to resettle and compensate the affected party before implementation of the GPE
program activities.
Replacement cost means replacement of assets with an amount sufficient to cover full cost of lost
assets and related transaction costs. The cost is to be based on Market rate(commercial rate) according
to Ugandan law for sale of land or property. In terms of land, this may be categorized as follows; (a)
Replacement cost for agricultural land means the pre-GPE program or pre-displacement, whichever is
higher, market value of land of equal productive potential or use located in the vicinity of the affected
land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c)any
registration and transfer taxes;
Replacement cost for houses and other structures means the prevailing cost of replacing affected
structures, in an area and of the quality similar to or better than that of the affected structures. Such costs
will include: (a) transporting building materials to the construction site; (b) any labor and contractors
fees; and (c) any registration costs.
Resettlement Assistance means the measures to ensure that GPE program Affected Persons and
Displaced Persons who may require to be physically relocated are provided with assistance during
relocation, such as moving allowances, residential housing or rentals whichever is feasible and as
required, for ease of resettlement.
The Resettlement Policy Framework (RPF) has been prepared as an instrument to be used throughout
the GPE Program implementation. The RPF will be disclosed to set out the resettlement and
compensation policy, organizational arrangements and design criteria to be applied to meet the needs of
the people who may be affected by the program. The Resettlement Action Plans (RAPs) for the GPE
Program will be prepared in conformity with the provisions of this RPF.
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Republic of Uganda
Comprehensive Plan for the Global Partnership for Education in Uganda
1.0 BACKGROUND
The vital role that education plays in lifting individuals and communities out of poverty as well as
enhancing human development cannot be underestimated education bonds well with tackling other
issues such as disease, child mortality, maternal health, gender equality, increased fertility, youth
unemployment and hunger. Consequently, the international community committed itself through the
Millennium Development Goals (MDGs), to achieving Universal Primary Education (UPE) as one of its
major goals (MDG Report 2007). In response, the Government of Uganda (GoU) formulated the
necessary policies and introduced UPE in 1997 which provided an opportunity for all school going age
children to access primary education, resulting in enormous increases in primary enrolments. Enrolment
almost tripled to 8.4 million learners in 2010 from 3 million in 1998 in just over a decade (Annual School
Census, 2010). The primary Net Enrolment Ratio (NER) was reported at 83% (UNHS report 2009/2010)
with the gender parity gap in enrolment closed at 50:50 (MoES: Uganda Education Statistical Abstract,
2009). The GoU has thus made tremendous progress in expanding access to primary education,
particularly for children from poor and vulnerable households.
However, in spite of the successful record in access to education, severe gaps still remain in Ugandas
primary education system (the foundation for any education system): primary school retention levels and
completion rates which are significantly linked to the quality of education offered are very low. The
primary completion rates for Uganda were reported at 55% for 2011, down from 58% in 2008. Moreover,
the national measurement for completion - cohort survival to end of primary grade 7 showed a grimmer
picture of only 33% completing primary education. In addition, many of those retained in primary
education do not achieve the minimum levels of literacy and numeracy as well as acquiring critical life
skills. Less than half the Primary Grade 6 learners tested in 2010 by the National Assessment of Progress
in Education (NAPE) were proficient in literacy (41%) and numeracy (46%). The above bottlenecks and
poor learners outcomes at primary school level are compounded by a number of factors found at the
teacher, school and education system levels. Teachers competencies are inadequate, motivation levels
low, and existence of accountability gaps, all of which affect the time on task. At school level, there is
evidence of weak governance and support systems, a dire need of appropriate and adequate teaching and
learning materials, a shortfall of classrooms and other related school facilities. A lack of and/or
inadequate preparation of children at pre-primary (early childhood education) as well as a reduction in the
national budget for education are some of the constraints sited at system level
It is therefore implausible that Uganda will achieve the primary education MDG and Education for All
(EFA) goals by 2015 unless interventions are undertaken to address the existing obstacles in a
comprehensive manner in order to register better learning outcomes. It is against this background that
Uganda has made renewed attention to education and is committed to addressing the existing gaps by
undertaking interventions that would support the implementation of basic education to regain the earlier
enrolment progress made; improve retention and completion rates; improve education quality and; attract
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young children below the primary starting age. It is in this context that the GoU supported by the World
Bank is implementing the Global Partnership for Education (GPE) project to address some of the
identified shortfalls. The GPE project may involve construction of facilities such as classrooms, teachers
houses, sanitation, water drainage, and solid waste management in the project schools which call for a
formulation a Resettlement Policy Framework for the project.
2.0
PROJECT DESCRIPTION
This project is centered on improving education service delivery at the classroom level to realize
meaningful gains in student achievement in primary grades. It comprises of three components:
Component 1 Effective Teachers, amounting to US$40 million, which focuses on improving teacher
quality and performance, because these are dimensions which are highly predictive of student
achievement and where considerable margins for improvement exist; Component 2: Effective Schools,
amounting to US$50 million, which seeks to improve the overall school environment in the form of
enhanced school management, accountability, and learning conditions. The complementary focus on
schools is aimed at enabling improved teacher competencies to most effectively translate into improved
education service delivery; and Component 3: Technical Assistance, amounting to US$10 million,
which will finance advisory, technical, and capacity-building support.
Taken as a whole, activities are formulated to yield returns in the short term in terms of perceptible
improvements in education service delivery. However, they are also expected to promote wellperforming, robust, sustainable institutions and administrative systems that would generate returns over
the medium to long term.
Project Components
Component 1: Effective TeachersUS$40.00 million
Under the project, teacher effectiveness is expected to be promoted directly through a coherent and
coordinated mix of initiatives related to:
Teacher competency
(a) Enhancing effectiveness of early grade literacy instruction through provision of training to in-service
teachers and ECE instructors. The early grade instruction will support local language instruction in
primary grade 1-3. It will be implement in 30 districts selected based upon language readiness for use
as media of instruction. The result linked to disbursement is the numbers of teachers trained (DLI 1).
Teacher resources
(b) Provision of instructional materials, including teacher reference materials, on the new primary
curriculum. The result linked to disbursement is the numbers of schools with the standard kit of
instructional material (DLI 2).
Teacher motivation and accountability
(c) Strengthening the design and implementation of an ongoing merit-based promotion scheme for
teachers (DLI 3). The result linked to disbursement is number of promotions according to the
improved scheme.
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(d) Strengthening the system of teacher and school supervision through scaling up inspections and
establishing a system for real-time filling of inspection reports and dissemination to key
stakeholders. This will be implemented in the targeted 69 districts where less than half of the
students meet the expected learning outcomes. The result linked to disbursement is numbers of
schools inspected at least twice during a year filed in the system (DLI 4).
Component 2: Effective SchoolsUS$50.00 million
The above initiatives are designed to directly improve teacher performance. To provide a supportive
enabling environment for these changes to take root, the project will also include a direct focus on school
effectiveness by:
(a) Increasing the capacity of School leadership and accountability to the community. Head-teachers and
school management committees (SMCs) will be offered training for enhancing monitoring of teacher
and student performance. This will be implemented in the targeted 69 districts where less than half
of the students meet the expected learning outcomes. The result linked to disbursement is the number
of schools with trained head-teachers and SMCs(year 1) and the numbers of schools where school
report cards are made publically available(year 2 and 3) (DLI 5).
(b) Improve basic school facilities (class-rooms, functioning girls and boys toilets, and access to water)
in schools without such facilities. For the school to be selected, the teachers and School Management
Committee must meet reasonable minimum standards of teacher presence and SMC meetings. This
support is implemented as part of the existing School Facility Grant program, which is a national
program. The results linked to disbursements are number of schools where procurement is concluded
(year 1), construction is completed (year 2), and finished construction meets pre-defined quality
standards (year 3). (DLI 6).
Component 3: Technical AssistanceUS$10.00 million
This component will finance advisory, technical, and capacity-building, including:
(a) Evaluation, review and dissemination of the education sector Early Childhood Development policy
and operational standards (including associated capacity building and awareness raising activities).
(b) Technical assistance and Capacity building, including for project implementation, monitoring and
evaluation, communication, and for preparing the ESSP for the next cycle.
From the outlined components above, it is evident that Component 2 triggers Operational Policy 4.12:
Involuntary Resettlement, as there are likely to be land requirements for purposes of new classroom
buildings and related structures that support school learning. Since the details of the facilities to be built
may not be known by Appraisal, and to ensure that these investments are carried out in an
environmentally and socially sustainable manner, the Resettlement Policy Framework (RPF) for the GPE
has been developed. An Environmental and Social Management Framework (ESMF) for the project has
been prepared separately. The objective of this RPF is to provide a legal framework and a screening
process for future investment activities in the education sector. As the exact scope of the investments
could not be identified prior to appraisal, the Resettlement Policy Framework (RPF) has been prepared as
an instrument to be used throughout the implementation of the investments.
4.0 OBJECTIVES AND BASIC TERMS OF PREPARATION OF THE RPF
The framework document is designed to enable MoES, institutions, communities and the World Bank to
address the needs of the populations that could be affected by the program by establishing policies,
principles, institutional arrangements for management of issues related to acquisition of land and hence
displacement of persons and impact on their livelihoods. The legislation on resettlement of the
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government of Uganda and the policy of the World Bank as OP 4.12 will be the instruments that will
govern any resettlement arising out of the activities of the GPE program. The framework is an adaptation
from the RPF for the UPPET project.
Impact, land acquisition and resettlement
Any resettlement of populations will prompt the following consequences:
Loss of land;
Loss of housing or commercial business;
Loss of Economic resources or employment;
Marginalisation of the population concerned;
Loss of access to natural resources;
Disturbance of way of life of affected population.
Acquisition of land: The GoU vests in the local government authorities as well as local communities are
vested with the power to:
Identify the scope of the program;

Screen the GPE Program activities as to their potential environmental, social,
economic impacts as well as their potential to cause resettlement and its
corollaries,
Specify the zones of installation or sitting of the GPE Program facilities.
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5.0 Socio-Economic Assessment

5.1 People and Population Dynamics in Uganda
An outline of the people of Uganda is provided below.
5.1.1 The People
The Uganda constitution 1995 recognizes 46 tribes (GoU 1995) with varying production and consumption
patterns. Modes of production and the rural livelihood coping strategies range from mainly cultivators
(e.g. Baganda, Bakiga, Bagisu and Basoga) to pastoralists (e.g. the Karamojong and the Bahima) the rest
of the people derive their livelihoods from a mix of livestock keeping and cultivation or agropastoralism. In addition, Uganda has been and still is, home to several thousand refugees from
neighboring countries. There are also other non-citizens residing in Uganda as a preferred place for home
or where they are engaged in various economic activities. This mosaic provides Uganda with a rich
cultural base and opportunities for modernization. However, there are also challenges the people of
Uganda face, among others are: (i) rapid population growth and the ensuing pressures on the countrys
natural capital; (ii) inadequate provision of, and demand for, social services and infrastructure; and (iii)
poor environmental conditions.
Relation to the project: Either due to their culture, predominant economic activities, or past civil strife,
various peoples in Uganda have diverse attitudes about education hence different regions have differing
literacy levels. Size of classes in rural primary schools will most often mirror population size and density
in those communities. Poverty levels will reflect in the number and quality of primary school teachers
available in a given community. Cultures with female genital mutilation will have girl-children missing
school for days. Communities which emphasize boy- more than girl-child education would have this
imbalance reflecting in number of girls attending school. These disparities manifest for example in
northern Uganda which suffered from a 20-year rebel insurgency, Karamoja sub-region which is a
culturally nomadic cattle area to central, East and Western Uganda which in general terms have
comparatively higher school attendance and literacy levels.
5.1.2 Population Dynamics
In Uganda, the 20th century marked an unprecedented population growth and economic development as
well as environmental change. The Census report of 2002 put the countrys population at 24.7 million
people in 2003. The current growth rate of 3.4% per year is higher than the 2.9% that was envisaged for
the period 1991 2002. Currently standing at 34 million, population of Uganda is likely to hit 50 million
by 2025. Population is a key determinant of economic and social wellbeing and environmental
degradation.
Considering the size of Uganda and comparing this with cities such as Mexico and Lagos whose
populations are in excess of 20 and 13 million people respectively, it can easily be concluded that Uganda
does not have a problem with its population size. While absolute numbers may suggest Uganda is
relatively under-populated, the concern is the inability to provide for these relatively few people. In the
absence of adequate social services, even a small population becomes a constraint. In addition, a poor
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population however small, needs attending to otherwise its people may engage in activities detrimental to
the environment especially where alternative livelihood options are limited.
The urban population in Uganda has increased rapidly from less than 0.8 million persons in 1980 to 5.0
million persons in 2012, representing an increase of more than six times. This increase is mainly
attributed to the creation of new urban administrative units, natural growth, demographic factors (excess
of fertility over mortality) and Rural -Urban Migration (UBOS, 2012). Kampala City has by far the
highest population density. The population growth rate of Kampala City is above the national average
even though the population growth rate of Central region, in which Kampala City is located, is the lowest
among the four regions (North, Eastern, Western and Central) in the country. The lowest population
density by region is 65 people per square kilometers for the Northern region.
Table I: Population characteristics of Uganda
Region
1991
population
2002
population
Area (km2)
Population
density
(persons/km2)
Annual
average
population
growth
rate
(1991-2002) %
Kampala
(Central)
774241
1189142
197.0
7258.6
3.7
Central
4843594
6575425
6140..3
175.7
2.6
Eastern
4128469
6204915
39478.8
225.8
3.5
Northern
3151955
5363669
85391.7
64
4.6
Western
4547687
6298075
55276.5
126.9
2.8
Total
16671705
20442084
241550.7
123.9
3.3
Relation to the project: The high rate of population growth may affect Ugandas efforts to achieve and
sustain universal primary education. With high fertility continued, the number of primary school pupils
will increase from 7.5 million in 2007 to 18.4 million in 2037. With declining fertility, the pupil
population would increase gradually to 10.2 million by 2037. The minimal required number of primary
school teachers would increase from 152,000 in 2007 to 459,800 in 2037 with high fertility. In contrast
253,900 teachers would be needed in 2037 with declining fertility. In addition to the need to train, recruit,
and retain more teachers, Uganda will need more schools, and primary expenditures will be much larger
with high fertility continued (Population Secretariat, 2010). Continued high fertility across the country,
combined with increased pressures on the land in rural areas, will lead to further urban growth in
Uganda. The rapid growth of urban centres will place a greater burden on primary education
infrastructure and quality in urban areas.
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5.1.3 Terrestrial Resources and relation to the project

a) Land resources
Availability and access to land is increasingly becoming difficult in Uganda, especially for the poor. This
is also true for schools which are increasingly finding it difficult to acquire land parcels sufficient for
buildings, green spaces and playgrounds for extra-curricular activities. It is increasingly common in towns
to find an entire primary school seven grades: P1-P7) with only two classroom blocks on a small land
holding without any space for playing activities or physical education (PE). This leads to congestion, low
learning comfort, poor indoor health conditions and inadequate sanitation. Conversely, in rural areas
where land is available, many schools have no financial resources to construct buildings and pupils study
under trees. Herein lies the benefit of classroom blocks proposed in the UGPEP to such schools.
b) Forestry Resources
No forests will be affected by this project and forestry resources are here discussed only for the reason
that timber and poles (scaffoldings) would be necessary for construction of school buildings in this
project.
Generally due to tightened controls, loss of forest cover in protected forests has been reducing and total
cover is stabilizing. Unfortunately, forests in protected areas make up only 30% of the national forest
cover. The remaining 70% are on private and customary land where deforestation rates are high as a result
of conversion of forest areas into agricultural and pastoral land. Furthermore, the countrys harvestable
timber resources are almost exhausted. Hence, to increase forest cover and ensure increased supply of
timber, the Sawlog Production Grant Scheme (SPGS) and other licensing measures including charging
economic rents for timber were introduced. SPGS funded by European Union supports private sector
development of large forest plantations.
c) Rangeland resources and livestock production
Rangelands, mostly found in the cattle corridor occupy 107,000 km2 or 44% of the countrys land area.
In some places, the conditions of the rangelands are deplorably over- grazed or, and through wind and soil
erosion, bare. The rangelands are also located in arid and semi-arid areas, themselves fragile ecosystems.
In the extreme, pasture and water scarcities are contributing to frequent conflicts between cultivators and
pastoralist in the first place, and among pastoralists themselves. The number of cattle, goats and sheep is
on the increase and hence there is need to pay attention to the carrying capacity of Ugandas rangelands.
It is common in rural areas to encounter cattle grazing on school land, mostly during holidays. This
affects school efforts to create green spaces since tree saplings will be damaged by livestock as soon as
they are planted or nibbled early in their growth stages.
d) Wildlife resources
No wildlife resources would likely be affected by the project since schools are never built inside
conservation areas. However, since wildlife can also occur in un-protected areas, wild animals might stray
into schools campuses. Protection of any such stray animals is a duty of Uganda Wildlife Authority
(UWA) which should be informed when they are encountered any time during project implementation.
Page13
Wildlife constitutes an important resource base for the country as a source of recreation/ tourism revenue,
nature studies and scientific research. By 1994, wildlife populations whether inside or outside protected
areas represented a small fraction of what they were in the 1960s, with some species such as both the
black and the white rhino becoming extinct. By 2004, the populations of wildlife in protected areas had
stabilized, and some even increased, although marginally. Outside protected areas, the decline in wildlife
population continues as a result of increased hunting, blocking migratory routes and habitat conversions,
among others. The Uganda Wildlife Authority is piloting the conservation of wildlife populations outside
protected areas through measures such as the operationalization of the different classes of wildlife use
right provided for in the Wildlife Act. Also, communities adjacent to wildlife protected areas are being
encouraged to appreciate the presence of wildlife through benefits (including revenue) sharing with local
communities, which is expected to benefit schools as well.
e) Mineral resources
The only mineral resources to be utilised by the proposed project are cement and aggregate (crushed
stone) required for building construction. These materials will be procured form existing sources or
suppliers, therefore no single school construction site would require opening a stone quarry.
Many minerals occur in Uganda including gold, tin, gemstones, limestone, clay, salt and stone aggregate.
Commonly these are mined at an artisanal and small-scale mining. Artisanal gold mining in Mubende and
Bushenyi is widespread and in some cases children are reported to be involved in these activities, hence
dropping out or missing school. Figure 6 shows location of mineral deposits in Uganda and if children are
involved in their small-scale mining, the risk of missing or dropping out of school due to artisanal mining
is spread all over the country.
5.1.4 Aquatic Resources
a) Wetlands
Wetlands cover about 13% of the area of Uganda and provide direct and indirect values. Up to late 1980s,
wetlands were generally considered wastelands to be reclaimed for agriculture in rural areas, drained as
anti-malaria measures or industrial areas in urban settings. By 1994, the need for conservation was
realized and the process of formulating an appropriate policy on wetlands was initiated. By 2001,
wetlands came to be regarded as granaries of water. From being a program in 1994, wetlands had by
2005 obtained an institutional home within government structure. Wetlands are now better known with
detailed information up to the district level. The 56 districts then existing by 2004 all had District
Wetland Action Plans and some communities in a few districts have gone ahead and prepared Community
Wetlands Action Plans. Despite such an impressive achievement, the implementation of the various
action plans is constrained by lack of resources. Furthermore, despite a wide array of achievements,
wetlands, degradation is still evident- some for basic survival needs of the poor, others as a saving
measure where land purchase prices are high, and yet others are the result of ignorance about ownership
and legal boundaries of wetlands.
Relation to the project: Primary schools part of whose land is a wetland must develop it in consideration
of regulatory requirements for environment and wetland protection.
b) Water
Page14
Water is life, and Uganda has significant quantities of the resource. From both hydrological and social
water scarcity considerations at the moment, Uganda is not water stressed. However, by 2025, indications
are that there will be reason to worry as a result of increasing demands for human, livestock, wildlife,
irrigation and industrial water. Uganda is ranked in a group of countries that must plan to secure more
than twice the amount of water they used in 1998 in order to meet reasonable future requirements. The
quality of the water from available sources is another area of concern principally as a result of pollution
residential, industrial and agricultural land discharges into the open water bodies. To some extent the
buffering capacity of wetlands is making a contribution towards reductions in pollution, but this will
continue only if the integrity of the wetlands can be sustained.
Relation to the project: Building construction at schools to be assisted by the project is expected to take
small quantities of water and for only the duration of construction activities. However, school sanitation
especially washing hands at latrines and drinking water for pupils will always require water supply. These
coupled with probable increase in pupil enrolment at schools that receive additional classroom blocks call
for water harvesting and storage provisions in building design. It is common for school children
especially in upper primary classes (e.g. P6-P7) to collect school water and sometimes travel distances
may be considerable. Although not a daily undertaking, exertion and exhaustion from this activity may
affect concentration and learning in class.
c) Fisheries
The fisheries resource of Uganda has been an important source of high quality solid animal protein. On
average Ugandans were consuming about 13 kg/person/year by 1994. As of 2005, this consumption was
estimated to have declined to about 13kg/person/year, mainly as a result of increasing scarcity and cost.
Exports of fish products are also on the increase. There is evidence of localized over-fishing in certain
water bodies. Two lakes (Victoria and Kyoga) and two species (Nile Perch and Tilapia) account for over
80% of annual harvest, implying a high level of selectivity. On the other hand, the Nile Perch, a
carnivore, is having a divesting effect of the fish biodiversity of the Victoria and Kyoga.
A few fisheries policies are in place and seek to address, among others, enhanced aquaculture
development by adding 100,000 tons per year in the fisheries capture of about 330,000 tones so as to raise
combined long run sustainable supply to 430,000 tonnes.
Relation to the project: Due to their young age, primary school children are generally not likely to be
found actively involved in lake fishing activities. However, this scenario may be different from
aquaculture where, just like gardening, family labour is usually utilised.
Plate 3: Many homes in Uganda use family labour in household farming activities
5.1.5 Cross-Sectoral Resources
a) Energy
The dominant source of energy in Uganda is biomass and this is expected to remain so in the foreseeable
future in spite of plans to increase hydropower energy production. However, the share of clean energy in
total consumption is gradually increasing, in part as a result of programs like the Energy for Rural
Transformation. Production of energy is being liberalized, attracting an increasing interest among private
investors. The adverse environmental effects of clean production are mitigated through the EIA guidelines
Page15
for Uganda 1997 and the EIA guidelines for the Energy Sector. There are some efforts to promote clean
energy sources such as solar and biogas. Unfortunately, capital investment required is not yet afforded by
the rural poor.
Relation to the project: In rural areas, it is a responsibility of women and children to travel long distances
in search for firewood for domestic use. In some cases this may affect their school attendance or
punctuality in reaching schools. Some rural schools use children in higher classes (e.g. P6-P7) to search
for firewood in bushes, required to prepare meals or porridge. Often this is not a daily undertaking but in
light of increasing scarcity, associated travel distances and ensuing exhaustion can affect concentration
and learning in class.
b) Biodiversity
Uganda is endowed with a very rich and varied biodiversity due to its biogeographically setting, varied
altitudinal range and extensive drainage systems. This biodiversity is a national asset supporting rural
livelihoods and contributing to commercial economic activities. The contribution of Ugandas
biodiversity resources, organisms or parts there-of, population or other biotic components of ecosystems
with actual or potential value for humanity has been estimated at $1000 million per year, balanced against
economic costs of $ 202 million plus loses to other economic activities of about $49 million per year.
While Uganda continues to lose some of its rich biodiversity, the rate of loss has been reduced somewhat.
Reflected in terms of living Ugandas Index, the country out-performs Planet Earth as a whole when
Living Planet Index is considered. The loss of biodiversity in protected areas has to a great extent been
stopped and the trend reversed between 1990 and 2005. Outside protected areas biodiversity loss was still
continuing as of 2005. The loss of biodiversity is largely the result of habitat conversion and introduction
of exotic species.
Relation to the project: Biodiversity aspects would apply to the project only in rare situations that schools
supported by the project and buildings to be constructed are in ecologically-sensitive areas. P a g e | 25
c) Tourism
According to Uganda Tourism Board (UTB), Ugandas tourism earnings have doubled in the last five
years from USD$440m to $800 m in 2012. Uganda is now ranked top in tourism industry growth in
Africa. According to the 2011 tourism review in Africa, Ugandas tourism sector grew by 25% in 2011
while that of South Africa and Tanzania realized growth of 21% and 13.4% respectively. Ugandas
tourism growth is attributed to its top tourist destination hubs like Murchison Falls National Park, Queen
Elizabeth national park, Bwindi Impenetrable Forest renowned for its Mountain Gorilla Safari activities.
Relation to the project: It is unlikely that primary school children would be directly involved in tourism
activities but where their parents or teachers have associated activities such as production of art and craft,
children may be involved in collecting required raw materials (reeds, straw/fibre, feathers, etc). Ideally
these would be undertaken outside school time but where children miss school to do this, it is would
affect their attendance and performance.
Page16
5.2 Socio-Economic and Cultural Environment

5.2.1 Human settlements, housing and urbanization
In general and particularly in rural areas, settlement patterns are wasteful of land and increase the cost of
providing services to the areas. The settlements are also largely unplanned; and where plans exist they are
often not adhered to. The quality of Ugandans housing has improved over the years. When compared to
the situation in 1991 where over 85% of the households in both urban and rural areas has rammed earthen
floors, by 2002 only 29% urban and 77% rural households had them.
Although Uganda is one of the least urbanized countries in the world in absolute terms, the urban
population is growing. Beginning from about 635 00 in 1969, the urban population increased to 938 00 in
1980, 1,890,000 in 1991 and 292,200 in 2002. The urban population is also growing faster (3.7%) than
the national average (3.4%). The growth in the urban population means that pollution issues such as solid
wastes management, and the provision of adequate safe water and acceptable level of sanitation coverage
will have to be addressed.
Relation to the project: In urban areas due to land scarcity and low enforcement of land use zoning, it is
common to find primary schools in congested residential settlements or trading centres. Where small
inadequately fenced primary school campuses are surrounded by highly populated neighborhoods or
slums, pupils face social risks such as early witnessing or exposure to incidents of drug abuse,
prostitution, use of indecent language and road accidents especially caused by boda-boda commuter
motorcycles.
5.2.2 Safe water and sanitation
Access to safe water and sanitation in both urban and rural areas has increased compared to the situation
10 years ago. For example in 1991, only 11 towns had the services of the National Water and Sewage
Cooperation (NWSC) but now the corporation covers 19 towns. By 2004, rural access to safe drinking
water had increased to 57% while the urban one was at 67%. If current trends continue, and incremental
investment funds are procured, Uganda should meet its Millennium Development Goal on water supply.
While safe water access per se has improved, functionality of water points is another key issue. Also, the
costs of water in urban areas and the distance travelled to and queuing at water points in rural areas easily
undermine accessibility. As far as sanitation is concerned, latrines coverage, the board indicator (as a
measure) of environmental health had improved from 41.7% in 1999 to in 2002.
Relation to the project: Availability of adequate water for drinking and sanitation is still a challenge in
many primary schools- both in urban and rural areas. This is the reason buildings proposed by the project
should have proviso for rainwater harvesting and storage. P a g e | 26
5.2.3 Environmental pollution
As Ugandas urban areas increases in number and the urban population grows, pollution of air, noise and
water are emerging as significant issues in environmental management around schools. Standards have
been established for noise, air quality and wastewater discharge but enforcement is still low.
Relation to the project: Support to be provided by UGPEP will likely increase pupil enrolment in primary
schools and tis may outstrip existing sanitation facilities. Provision of classroom buildings should be
Page17
matched with commensurate number of latrine/ toilet stances for pupils (girls separate from boys) and
teachers.
5.2.4 Poverty
A May 2013 Poverty Status Report released by Ugandas Ministry of Finance Planning and Economic
Development (MFPED) indicates that poverty levels among Ugandans have continued to decline, a trend
that gives hope that the countrys economy will continue to grow. According to the study report, the
countrys poverty levels have been on the downward trend since 1992 except in 2002/03 when a survey
indicated that poverty levels had gone up. The number of people who are absolutely poor was 9.9 million
(56.4%) in 1992/93 and reduced to 7.4 million (33.8%). In 1999/2000, the number however went up
slightly to 9.3 million (38.8%) in 2002/03 but it reduced to 8.5 million (31%) in 2005/06 and to 7.5
million (24.5%) in 2009/10. MFPED attributes the reduction in poverty levels to the reduction in the
number of households relying mainly on subsistence agriculture.
Relation to the project: Declining poverty levels mean that even more rural parents will afford to take
children to primary school. This necessitates increasing infrastructure in schools to avoid likely stress on
existing facilities.
5.2.5 Health
Key health statistics in Uganda are outlined below9:
9 UBOS 2012, Statistical Abstract
by private Not-For-Profit entities at 43% while private For-Profit organizations owned 11%.
on coverage was 95 % among the children below 5 years of age.
visits in 2009/10 in government and private Not-For-Profit healthcare facilities.

ne coverage at national level has continued to improve for the last five years, standing at 71 % in
2010/11 from 69 percent in 2009/10.
age. This is the age at the bottom of the primary school-going children and prevalence is higher in rural
areas.
Relation to the project: High malaria prevalence among primary school-going children in rural areas
without healthcare facilities or where access is difficult may lead to children often missing school. While
the project will not provide malaria control treatment or mosquito nets, training given to teachers could
include instruction about cost-effective easy to learn malaria control practices that can be taught to
primary school children. This instruction could also apply to sanitation-related diseases that can be
prevented by simple cleanliness habits such as hand-washing after using latrines or before eating food.
5.2.6 Cultural heritage
Cultural heritage is part of humanitys link with the world and its past, its achievements and discoveries.
The National Environmental Act provides for protection of the countrys cultural heritage. About 187
Page18
cultural, historical and para-archaeological sites have been identified and their specific locations recorded
in Uganda.
Relation to the project: This will only be relevant to the proposed in the unlikely event that a campus of a
primary school supported by the project has physical cultural resources or when chance finds are
encountered during construction works. A protocol to manage chance finds if encountered at any site
during project implementation is provided in Annex 5.
Page19
6.0 RESETTLEMENT
6.1 INVOLUNTARY RESETTLEMENT
Chart No. 1 Resettlement Impacts and Mitigation
Creation of Poverty
Creation of a Productive Momentum
Without Mitigation Measures With Mitigation and Attenuation

Worsening of living conditions of the
population and increased morbidity
Productive re-installation, advice and

conversion to more lucrative occupations
Loss of Revenue
Financial Compensation in accordance with the
statutes for those with rights, traditional settlers
and precarious occupants
Homelessness
Sensitisation of:
- the populations affected
- the host communities
RESETTLEMENT OF POPULATIONS
Execution of the measures to ensure the efficiency

And sustainability of the micro-GPE Program
Displacement of Populations prior to GPE Program
Installation of GPE Program after consultations responding to

the objectives of poverty alleviation
Page20
Introduction of unmitigated involuntary resettlement arising from implementation of GPE program may
lead to economic, social and environmental impacts where:
production systems are dismantled,
people face impoverishment if their productive assets or income sources are lost,
people are relocated to environments where their community institutions and social networks are
weakened,
kin groups are dispersed, and cultural identity, traditional authority and the potential for mutual
help are diminished or lost.
Introduction of an environmental and social management framework has been prepared in order to preempt and mitigate adverse environmental and social impacts of the GPE infrastructure and socioeconomic investment program.
Consultation between MoES and local government and lands authorities as well as some community
leaders, it became evident that, insofar as land acquisition is concerned the prevailing atmosphere has
been one of dialogue within and between communities as well as the local government authorities.
The prevailing tendency has been the competition between communities to offer voluntarily land in order
to attract implementation of the education programs such as UPPET irrespective of any other
considerations. This is especially so in the new locations for constructing of pre-primary centres and
primary schools in areas where there are none in existence.
This dialogue and this voluntary acquisition of land is normally carried out firstly at the lower local
government level (sub-counties, parishes and villages). Any compensation process is usually undertaken
within the community through this dialogue. This was what was applied under UPPET project.
This method of land acquisition will, certainly continue in the future but, as a word of caution, the offsprings of the elders in the communities, in particular the youth elements are beginning to question the
rights of their elders to voluntarily give up land in this manner whatever the utility of the land for their
communities or the public at large. It is evident therefore, in order to avoid any future litigation and in the
case of voluntary land acquisition, the consultation process with the communities takes in as broad a
spectrum of the communities (including youths and women with documentation to prove such offers).
Consultations should also be accompanied with clear documentation that should be lodged with District
Land boards for security and future reference in case of any conflicts.
The Resettlement Policy Framework serves to provide safeguards against severe adverse impacts of
proposed program activities and proposes mitigation against potential impoverishment risks by:
avoiding displacement of people in the first place or,

minimizing the number of displaced persons or,
adequately compensating the displaced persons for losses incurred or,
adequately addressing adverse impacts of the intended interventions.
Page21
Table II: Categories of losses and their impacts on displaced persons

Loss Category
Relocation
Social Impacts
Impoverishment, disturbance of production systems, loss of sources of income,
loss or weakening of community systems and social networks, loss of access to
social amenities such as hospitals and schools, water; dispersion of kin groups,
loss of cultural identity and traditional authority, loss or reduction of potential
for mutual help, emotional stress.
Loss of land but no

relocation
Impoverishment, loss of sources of income and means of livelihood, loss of

assets or access to assets, increased time to access resources
Alienation
neighbors
relocated
due to Impoverishment, weakening of community systems and social networks, loss of

being mutual help and community support , loss of traditional authority, loss of
identity and cultural survival, emotional stress
PAPs and host

communities
Impoverishment, loss of sources of income, reduced time and access to

resources such as hospitals and schools, water, increased time to access
resources, disruption of social fabric, increased crime, increase in diseases such
as HIV/AIDS, clash of cultural and religious beliefs and cultural norms.
6.2 BASIS FOR THE RESETTLEMENT POLICY FRAMEWORK

6.2.2 This Resettlement Policy Framework (RPF), will guide GPE in the screening of program activities
following the results of the findings from the above and other field investigations. Interviews with local
people and officials from various Departments of State, Local Government Offices, Private Sector; and
information from some previous studies, reports and documents have been used in preparing this
framework. The framework establishes parameters for conducting land acquisition and compensation
including resettlement of displaced persons (DPs), who may be affected during implementation of the
GPE investment activities, particularly for infrastructure, socioeconomic activities and conflict-prone
activities such as; acquiring land for construction of new buildings,
6.2.3 The screening process developed in this framework is consistent with the World Banks safeguard
operational policy OP 4.12, for Involuntary Resettlement. This policy requires that all Bank-financed
operations are screened for potential impacts, and that the required compensation work is carried out on
the basis of the screening results. The framework therefore, while adopting and adapting some of the local
experiences and the provisions of local legislation, is based on the World Banks Operational Policy (OP
4.12) on involuntary resettlement, which emphasizes the following principles:
Avoiding or minimizing involuntary land acquisition and resettlement, where feasible and
exploring all viable alternatives before resorting to involuntary resettlement.
Where involuntary resettlement and land acquisition is unavoidable, assistance and sufficient
resources should be provided to the displaced persons with the view to maintaining and/or
improving their standards of living, earning capacities and production levels.
Page22
Encouraging community participation in planning and implementing land acquisition,

compensation and/or resettlement, and provision of assistance to affected people regardless of the
legality of their land rights or their title to land.
6.3 OBJECTIVES AND JUSTIFICATION OF THE RPF
6.3.1 Objectives of the RPF

Involuntary resettlement arising from the development of GPE project may give rise to severe economic,
social and environmental hardships. The hardships stem from the following reasons among others:
disruption of production systems,

affected persons skills being rendered inapplicable in new environments,
increased competition for resources,
weakening of community and social networks,
dispersion of kin groups
loss of cultural identity and traditional authority and
loss of mutual help
6.3.2 Specific Objectives

In some cases, resettlement of people may pave way for implementation of the GPE program which is
done because the GPE program activities demand land acquisition. The people may be affected because
of loss of agricultural land, loss of buildings, loss of access or proximity to water, health and social
amenities.
The objective of this Resettlement Policy Framework (RPF) is to provide a screening process, for any
future GPE program activities, to ensure that where land acquisition for GPE program activities is
inevitable, resettlement and compensation processes for lost land and associated assets should be
conceived and executed in a sustainable manner. This entails providing sufficient investment resources to
meet the needs of the persons affected and/or displaced from their habitat and resources. It also requires
adequate collaborative consultation and agreement with the GPE program affected persons to ensure that
they maintain or improve their livelihoods and standards of living in the new environment.
The Resettlement Policy Framework provides guidelines for development of appropriate mitigation and
compensation measures, for the impacts caused by future GPE program activities whose exact locations
are not known prior to GPE program appraisal. The RPF is intended for GPE as a practical tool to guide
the preparation of Resettlement Action Plans (RAPs) for sub-GPE program activities during
implementation of the comprehensive GPE program.
6.3.3 Justification for the RFP

The Global Partnership for Education (GPE) programs expected investment activities are not likely to
result in the relocation of people except perhaps in the highly urbanized or land-stressed areas where loss
of land and access to economic resources are distinct possibilities given the prevailing customary land
Page23
tenure system and the land speculation activities now prevalent in these urban and peri-urban areas and
likely to extend to the oil-rich regions of Uganda.
This framework therefore is necessary to provide guidelines for addressing concerns of affected persons
where:
land is contributed voluntarily for the development of GPE program activities in return for
compensation,
land is contributed voluntarily for development of GPE program activities without seeking
compensation, and
land is acquired involuntarily for the development of GPE program activities.
The guiding principle for land acquisition will be that where land is required for implementation of the
investment program of the education sector, appropriate safeguards will be observed to avoid or reduce
the negative impacts of land acquisition on the affected community members.
This framework will be applied to all GPE program sites with the in-built mechanisms for resolving any
forms of disputes on land acquisition. The RPF is presented in a much more comprehensive manner so as
to guide and ensure that all conditions of population dislocation or loss of socio-economic benefits are
taken into account during formulation of the Resettlement Action Plans (RAPs).
PAPs will need to be compensated, in accordance with this Resettlement Policy Framework and a
subsequent Resettlement and Compensation Plan, before work on GPE Program can begin.
For activities involving land acquisition or loss, denial or restriction to access of resources, it is required
that provisions be made, for compensation and for other assistance required for relocation, prior to
displacement. The assistance includes provision and preparation of resettlement sites with adequate
facilities In particular, land and related assets may be taken away only after compensation has been paid
and resettlement sites and moving allowances have been provided to PAPs. For project activities
requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to
assist the project affected persons are implemented in accordance with the individual RAPs.
In the Implementation Schedule of each RAP, details on resettlement and compensation must be
provided. The schedule for the implementation of activities, as agreed between the Project Planning teams
and PAPs must include:
target dates for start and completion of civil works,

timetables for transfers of completed civil works to PAPs,
dates of possession of land that PAPs are using (this date must be after transfer date for
completed civil works to PAPs and for payments of all compensation) and;
the link between RAP activities to the implementation of the overall sub project.
When approving recommendations for resettlement during screening, PAPs must confirm that the
resettlement plans contain acceptable measures that link resettlement activity to civil works, in
compliance with this policy. Proper timing and coordination of the civil works shall ensure that no
affected persons will be displaced (economically or physically) due to civil works activity, before
compensation is paid and before any project activity can begin.
Page24
6.3.4 RPF Implementation Structure

Table III:
NO ACTIVITY
1
Preparation and Disclosure of RPF
2
Vetting of request for compulsory
acquisition of land
3
Social Impact studies (conduct social
impact assessment and property impact
studies)
4
Internal Monitoring
5
Consultations,
planning
and
Preparation of RAP
6
Disclosure of RAP
7
External Monitoring and Approval
8
- Marking of affected properties
- Inventory of affected properties
- Notifications
- Request for proof of eligibility
- Consultations
9
Valuation of Affected Properties
10
11
12
13
14
15
16
17
18
Establishing of Committees
- Utilities Committee to conduct an
inventory of properties with utility
services
- Grievance Committee establish
procedures for dispute resolutions
- Payment Committee establish
payment modalities
Disclosure of values.
Making of offers
Processing for payments
Release of funds for payment
RESPONSIBILITY
MoES/World Bank
MoES/Projects, Planning and Budgeting Unit through
Consultants
MoES/Projects, Planning and Budgeting through
Consultants
MoES
MoES Projects, Planning and Budgeting through
Consultants
MoES/World Bank
NGO, World Bank
MoES Through Consultants and Local Government
Authority (CAO, DEO, CDO, District Engineer)
MoES through Consultants with approval from Chief

Government Valuer (CGV)
MoES, Local Government Authority, SMC, BoG
MoES, Local Government Authority, SMC, BoG and

Allocation Committee
MoES, SMC, BoG Through Consultant
MoES Through Consultants
Ministry of Finance, Planning and Economic

Development/ MoES
Payments
Payment Committee (MoES and Ministry of Finance,
Planning and Economic Development
Grievance and dispute resolutions
Grievance Committee (MoES, Local Government
Authority/Ministry of Justice/Ministry of Lands
Taking possession of site
MoES
Disconnect and reconnection of utilities MoES
Representing government for any law MoES, State Attorney Generals Office
court redress cases
Preparation of
Monitoring and MoES
Evaluation Report of RAP and
Disclosure
Page25
6.3.5
Review of the UPPET RPF
To guide and supplement on the RPF for the GPE program a review of the RPF for the UPPET Program
which been an on-going program similar to the GPE investment was carried out and below are some of
the issues that were identified and can be considered in the implementation of the RPF. Table II below is
the summary of issues identified and Annex 4: gives findings of the UPPET RPF review.
Key lessons from UPPET RPF Review
Table IV:
Issues
Findings of UPPET RPF
Recommendations For the GPE

Program
Implementing
Institutions
(Units
of
Responsibility
for RPF)
Same institutional arrangement will be

followed for the GPE program but this
time with greater involvement of the
District given that primary education
is decentralized
Available
resource
persons
Social
safeguards
The MoES, has the institutional responsibility is to

ensure that the project is implemented through the
existing institutional structures that govern early
childhood and primary education right from the
ministry level to the local (school) level.
Early
childhood
and
Primary
Section/Department of MoES
Projects, Planning and Budgeting Unit of
MoES
Schools (BoG/SMC)
Contractor
MoES implemented the UPPET project and handed
over to SMC
MoES staff 34 Assistant Engineers were used to
implement the UPPET Project. District Engineer,
for DEO, RDC& LCV did the monitoring but never
issued any instruction and were not facilitated.
GPE program should involve the

District relevant structures such as;
DEO, Inspector of Schools, District
Engineer with close collaboration with
the CDO similar to the SFG approach
that involves Districts
Commitment to The Schools (SMC/BoG) identified and engaged

construction contractors through competitive
Social
bidding. The BoG procures the contractors,
Safeguards
oversees/supervises
much
of
the
project
implementation and makes reports for accountability
purposes.
Capacity of the The SMCs observe and make follow ups on
identified issues The MoES role is ensure that
implementing
Agency
to these local level implementers are doing what is
required of them. The SMCs have some limitations
adhere to RPF
and thus a need for more sensitisation and follow up
by MOES with regard to the RPF issues. The CMU
does the monitoring; the consultants for UPPET do
the supervision and the contractor implements. On
average, the projects take 5 to 6 months to
completion but they begin at different times.
Therefore sensitisation is done only once at the
MoES with reference to the RPF to

ensure that all stakeholders are
equipped with skills to implement
social safeguards at the beneficiary
level.
Sensitisation, monitoring and followup to ensure that the policy is

implemented where issues are
identified and what is agreed upon.
Page26
beginning of the project.

The MoES did not implement the RPF/RAPs for
UPPET due to lack of capacity in terms of human
resources, however triggers of social issues was
reported.
Participation of all affected parties and

documentation of the entire process
from screening to completion of
compensation,
resettlement
and
follow-up
facilitate
a
smooth
Consultations with local communities, leaders, and resettlement
and
minimises
PAPs were not carried out.
vulnerabilities should be followed for
GPE Program.
Each affected school handled issues of involuntary
resettlements in their own systematic way, formally Guidelines provided in the RPF for
and informally, without guidance from MoES based GPE should be followed,
on RPF/UPPET.
The Ministry did not implement the RPF due to
Capacity
sensitisation of the RPF

capacity needs. The following capacity needs of the
Gaps/Needs:
for GPE is required at all
implementing agency to implement RPF were
levels (ministry, districts and
identified:
schools);
the lack of a clear comprehension of the
skills in identifying
RPF and its implementation calling for
before hand and management
training;
of emerging social issues;
the inability of the Ministry to meet
skills in management
compensation requirements;
systems and procedures;
a resource person to
handle RPF issues at the
various implementation levels
is needed.
Review & update The RPF Management tools for UPPET (screening Utilize the RPF Management tools for
the RPF
procedures, checklists, assessment of typical
the GPE Program to avert any
Management
anticipated impacts, and draft RAPs for typical
challenges that may arise out of land
tools for UPPET
impact mitigation) were not used at all because
acquisition and resettlement issues.
reportedly there were no social issues that emerged
and required redress. However, as findings suggest
Screening template for social issues
these tools could have been utilised in a case
including land ownership, possible
identified at one of the schools. (see summary report acquisition and land uses be done for
annex 4 attached)
every sub-project, as in-built is
defined in the selection criteria
Review & update The failure to identify social issues and the
Follow the RPF for GPE Program to
the
Grievance subsequent lack of the application of the RPF did not the latter.
redress
give the Ministry an opportunity to experience using
mechanisms and grievance redress mechanisms and RAP guidelines.
RAP guidelines
To this end, the consultant was unable to review and
update the grievance redress mechanisms and RAP
guidelines drawn from the experience of
implementing RPF under UPPET.
Recommendations:
Implementation
of
Safeguard
policy
within
UPPET
It is recommended that at least one relevant personnel at the ministry and district level should be facilitated in
terms of skilling and knowledge about the RPF to guide the schools in its implementation. Furthermore,
sensitisation, consultations with the communities/beneficiaries and sharing of plans of the project should be
Page27
undertaken early enough and adequately through sharing relevant information in order to deny room for project
saboteurs or misinformation as well as enable affected persons prepare for the likely effects and ensure they are
mitigated.
Under sub-project screening on land ownership, project expansion and possible land use displacement prior to
implementation of any civil works as in-built the proposed school selection criteria
It is also recommended that the implementation of the RPF should involve all aggrieved parties, be
systematically documented and reported involving the few emerging cases or the total lack of. Capacity building
to the District Environment Officer, Community Development Officer and SMC/BoG in the implementation and
monitoring of social safeguard issues with regard to the RPF is recommended.
Potential triggers of OP 4.12 IRP should be identified and a list be made available by MoES as a check list.
Page28
7.0 THE LEGAL AND POLICY FRAMEWORK

7.1 THE LOCAL GOVERNMENT ACT 1997
The Local Government Act provides for the system of local governments. Administratively, Uganda is
divided into five levels of Local Governments whereby each level has statutory functions with respect to
participatory development planning.
The five levels are as follows:
Table V
Local Government Unit
1.
District Councils
2.
County Councils and Municipal Councils
Level
5
4
3.
Sub County Councils

Town Councils
Municipal Divisions
City Divisions
4.
5.
Parish Councils
Village Councils
2
1
There are about 112 districts, and each district is subdivided into counties, which in turn are divided into
sub-counties/towns followed by parishes and villages. There are 27 Municipal Councils/City Division
Councils which are subdivided into Municipal Divisions, followed by parishes and villages. Kampala
Capital City Authority (KCCA), formerly Kampala City Council (KCC) is no longer a City
Council/district but a Division of the Central Government which is sub-divided into 5 Municipal
Divisions.
The District Councils, Municipal Councils, Sub-county Councils, Municipal Division Councils and Town
Councils are Local Governments. The County Councils, Parish Councils and Village Councils are
administrative units.
Pre-Primary Centers and Primary Schools just as is the case of Local Governments are corporate bodies
and are charged with the responsibility of providing services, which are stipulated in Part II of the
Second Schedule of the Local Governments Act 1997 with the following powers, functions and
responsibilities devolved to them:
The powers to prepare, approve, and implement their own development plans based on locally
determined priorities;
The powers to prepare, approve, and implement their own budgets and;
The powers to raise and utilize their own resources according to their own priorities after making
legally mandated transfers.
The departments with responsibilities identified in this RPF are the Early Childhood and Primary School
Education Department, Education Planning Department and the Construction Management Unit
(CMU) of the Ministry of Education and Sports. In addition, the District /Municipal Engineer, District
Education and Chief Administrative offices will be actively involved in the implementation of the RPF
since Early Childhood and Primary Education are a decentralized service.
Page29
7.2 LAND TENURE AND OWNERSHIP

Land tenure in Uganda is governed by statute such as the 1995 Constitution, the Uganda National Land
Policy 2011 and the Land Acquisition Act 1965.
7.2.1 The Uganda Constitution of 1995

Article 237 (1) of the constitution vests all land in Uganda in the citizens of Uganda. However, under
Article 237 (1) the government or a local government may acquire land in the public interest. Such
acquisition is subject to the provisions of Article 26 of the same constitution, which gives every person in
Uganda a right to own property. The constitution also prescribes that land in Uganda will be owned in
accordance with following land tenure systems:
Customary
Freehold
Mailo
Leasehold
It provides procedures to follow during the acquisition of land for public interest and provides for prompt
payment of fair and adequate compensation prior to taking possession of land. The constitution is
however silent on resettlement and compensation.
7.2.2 The Constitution and the Land Tenure Systems

Customary Tenure
Customary land tenure is governed by rules generally accepted as binding and authoritative by the class of
persons to which it applies. That is to say that it is not governed by written law. Land is owned in
perpetuity. Customary occupants are occupants of former public land and occupy the land by virtue of
their customary rights; they have propriety interest in the land and are entitled to certificates of customary
ownership. Certificates of customary ownership may be obtained, through application to the Parish
Land Committee and eventual issuance by the District Land Board
Customary Tenure
Is governed by rules generally accepted as binding and authoritative by the class of persons to
which it applies. That is customary tenure is not governed by written law.
Land is owned in perpetuity customary occupants are occupants of former public land and occupy
the land by virtue of their customary rights; they have propriety interest in the land and are
entitled to certificates of customary ownership.
Certificates of customary ownership may be obtained, through application to the Parish Land
Committee and eventual issuance by the District Land Board
Freehold Tenure
The freehold tenure derives its legality from the constitution and its incidents from the written law. It
involves the holding of land in perpetuity or a term fixed by a condition. It enables the holder to exercise,
subject to the law, full powers of ownership.
Page30
Freehold Tenure
Derives its legality from the constitution and its incidents from the written law.
Involves the holding of land in perpetuity or a term fixed by a condition
Enables the holder to exercise, subject to the law, full powers of ownership
Mailo Tenure
This land tenure system has its roots in the allotment of land pursuant to the 1900 Uganda Agreement. It
derives its legality from the constitution and its incidents from written law. It involves the holding of land
in perpetuity and; permits the separation of ownership of land from the ownership of developments on
land made by a lawful or bona fide occupant. It enables the holder to exercise all powers of ownership,
subject to the rights of those persons occupying the land at the time of the creation of the mailo title and
their successors.
Mailo Tenure
Has its roots in the allotment of land pursuant to the 1900 Uganda Agreement
Derives its legality from the constitution and its incidents from written law
Involves the holding of land in perpetuity
Permits the separation of ownership of land from the ownership of developments on land made
by a lawful or bona fide occupant.
Enables the holder to exercise all powers of ownership, subject to the rights of those persons
occupying the land at the time of the creation of the mailo title and their successors.
Leasehold Tenure
Leasehold tenure is created either by contract or by operation of the law. It is a form under which the
landlord of lessor grants the tenant or lessee exclusive possession of the land, usually for a period defined
and in return for a rent. The tenant has security of tenure and a proprietary interest in the land.
Leasehold Tenure
Is created either by contract or by operation of the law

Is a form under which the landlord of lessor grants the tenant or lessee exclusive
possession of the land, usually for a period defined and in return for a rent
The tenant has security of tenure and a proprietary interest in the land
7.2.3 The Land Act 1998

The 1998 Land Act addresses land holding, management control and dispute processing. The Act creates
a series of land administration institutions, namely, Uganda Land Commission (ULC), District Land
Boards (DLB), Parish Land Committees (PLC) and District Land Tribunals (DLT). Section 78 of the Act
gives valuation principles for compensation, i.e. compensation rates to be yearly approved by DLBs. The
basis for compensation is depreciated replacement costs for rural properties and market values for urban
properties.
Article 75 of the Land Act 1998 and Article 243 of the 1995 Constitution creates District Land Tribunals
with jurisdiction to determine disputes relating to the grant, lease, repossession, transfer or acquisition of
land by individuals, the ULC or other authority with responsibility relating to land; and the determination
Page31
of any disputes relating to the amount of compensation to be paid for land acquired. Article 77 (e) of the
Land Act 1998gives power to the DLTs to determine any other dispute relating to land under this act.
Article 88 (1) of the act stipulates that an appeal will lie from the decision of a DLT to the High Court.
Article 89 of the Land Act 1998 also recognizes the right of traditional authorities to determine disputes
over customary tenure or acting as a mediator between persons who are in dispute over any matters
arising out of customary tenure.
7.2.4 The Uganda National Land Policy 2011

The Uganda National Land Policy 2011articulates the role of land in national development, land
ownership, distribution, utilization, alienability, management and control and stipulates a Plan of Action
including strategies to be taken by the GoU to address these issues.
Land Tenure Regimes: The Policy maintains the multiple tenure systems as enshrined in the Uganda
Constitution namely customary, freehold, mailo and leasehold tenure and; promises to clarify the nature
of property rights under the designated tenure regimes to remove uncertainties and allow for evolution.
The clarification of tenure regimes will call for the amendment of the Constitution, the Land Act and
other relevant laws.
Land Rights Administration Framework: The policy overhauls the existing institutional framework for
land administration and management to facilitate the delivery of efficient, cost effective and equitable
services. The elaborate Land Tribunals created by the 1998 Land Act that had been suspended will now
be reinstated, properly resourced and, facilitated to enable them carry out their constitutional mandate
according to Section 4.6 on land disputes and resolution (112 - a) under the lad rights administration
framework of the National Land Policy. The Policy also creates a special division in the Magistrates
Courts and High Court for handling land disputes for the development of consistent property
jurisprudence for Uganda in the same section.
Section 4.6 (113) of the Land Policy also provides for measures that will ensure that the operations of the
Land Tribunals are devoid of complex jurisdiction and litigation procedures usually associated with
ordinary courts of law; give powers to the Chief Justice or the Judicial Service Commission to supervise
the land tribunals in their judicial functions and; that they will be provided with clear choice rules for
application of law to permit the simultaneous application of state and customary law depending on the
circumstances, facts and characteristics of the dispute in question. Furthermore it also recognizes the
right of customary/traditional authorities to determine disputes over customary tenure or acting as a
mediator between persons who are in dispute over any matters arising out of customary tenure by
according precedence to indigenous principles and practice in dispute management institutions; and that
they will keep proper written records of all cases decided under their jurisdiction.
Access to Land for Investment: Section 3.16 of the Policy (88 b) states that government shall put in
place measures to mitigate the negative impacts of investment on land so as to deliver equitable and
sustainable development. While part 90 of the same section positions government to protect land rights,
including rights of citizens in the face of investments with measures for clear procedures and standards
for local consultation; mechanisms for appeal and arbitration; and facilitate access to land by vulnerable
groups in the face of investments.
Measures for Protection of Land Rights: Section 3.17 (91) of the Policy recognizes the inability of the
majority of Ugandan to afford the cost of formally securing land rights and therefore government will put
Page32
in place a framework that would ensure that land rights held by all Ugandans are fully and effectively
enjoyed.
7.2.5 The Acquisition Act (1965)

This act makes provision for the procedures and method of compulsory acquisition of land for public
purposes whether for temporary or permanent. The Minister responsible for land may authorize any
person to enter upon the land and survey the land to determine its suitability for a public purpose. The
Government of Uganda is supposed to pay compensation to any person who suffers damage as a result of
any action. Any dispute as to compensation payable is to be referred to the Attorney General or court for
decision.
The Land Acquisition Act does not go beyond compensation. It is not required under the Act to provide
alternative land for the affected people by the GPE program. Once they are promptly and adequately
compensated, then the obligations stop there. The GOU, through the Ministry of Lands, Water and
Environment, will pay the compensation to the affected persons.
This act also sets out the legal process for payment of compensation.
There is no requirement or provision in the law that people need to be assisted to move or that alternative
land be made available. Each affected person entitled to be compensated; on receipt of his/her
compensation is expected to move and has no further claim.
7.2.6 Land Tenure and Property Rights

Mailo land
The Mailo land tenure system under the 1900 Uganda Agreement resulted in a total of9,003 square miles
of land in Buganda being shared out among the Protectorate Government, the Kabaka (traditional king),
chiefs and notables. Mailo land title is issued in perpetuity.
Customary land tenure
Customary land tenure is the oldest from of tenure and can supersede all other forms of land tenure,
depending on the particular situation and above all, the length of residency of the occupant.
Freehold Land Tenure
Freehold land tenure is limited to a number of churches and schools, which had established a presence by
1900. Under freehold tenure, the title runs in perpetuity. Normally, no conditions are attached to how
much land can be granted to such institutions.
Leasehold land tenure
Public land in Kampala is allocated to the City by the Uganda Land Commission (ULC).The Kampala
Capital City Authority (KCCA) is in turn responsible for leasing land to suitable applicants for
development on a leasehold basis. Formal land transfers are regulated and governed by the Urban
Authorities Act (1965) and Land Reform Decree (1975). Mailo land owners may also grant leases to
various types of developers. Public and private leases typically run for either 49 or 99 years.
Property rights and the land tenure systems provide equal incentives to all Ugandan groups for improved
land management. The Land Acquisition Act (1965) and the Land Act of 1998 which to some extent take
care of land tenure and property rights has a cautious land acquisition plan. The Resettlement Policy
Page33
Framework draws its strength from local legal instruments that exist in Uganda. Specifically, the Land
Acquisition and Compensation Policies recognise,among others:
the acquisition of the right of land and benefit by customary occupancy in good faith,
the acquisition of the right of land and benefit through the official channels,
the rules governing protected zones,
the relationship between the public and the land authorities, and
the rights and obligations of title holders.
7.3 WORLD BANK POLICIES

The World Banks Safeguard Policy OP 4.12 for Involuntary Resettlement states that all Bank-financed
operations are screened for potential impacts, and that the required compensation work is carried out on
the basis of the screening results. Involuntary resettlement may cause severe long-term hardship,
impoverishment, and environmental damage unless appropriate measures are carefully planned and
carried out. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are
the following:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable
alternative project designs.
(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed
as sustainable development programs, providing sufficient investment resources to enable the persons
displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted
and should have opportunities to participate in planning and implementing resettlement programs.
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of
living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to
the beginning of project implementation, whichever is higher.
This policy covers direct economic and social impacts that both result from Bank-assisted investment
projects, and are caused by
(a) the involuntary taking of land resulting in
(i) relocation or loss of shelter;
(ii) loss of assets or access to assets; or
(iii) loss of income sources or means of livelihood, whether or not the affected persons must move to
another location.
Some of the above impacts will be triggered especially in components 2 sub-section b of the GPE
program which is going to involve improvement of school facilities like building of class-room blocks,
functioning girls and boys toilets and access to water. These activities are likely to displace people
economically and /or physically, GPE program-displaced persons, regardless of the number of people
affected; the severity of impacts and the legality of land holding should be compensated. Particular
attention should be given to the needs of vulnerable groups especially those below the poverty line, the
landless, the elderly, women and children, indigenous groups, ethnic minorities and other disadvantaged
persons.
The Banks Policy requires that the provision of compensation and other assistance to GPE program
Affected Persons is carried out prior to the displacement of people. In particular, repossession of land for
Page34
GPE program activities may take place only after compensation has been paid. Resettlement sites, new
homes and related infrastructure, public services and moving allowances will be provided to the affected
persons in accordance with the provisions of the Banks policies and incorporated into all Resettlement
Action Plans (RAPs).
The policy encourages participation of the affected persons in the planning and preparation of
Resettlement Action Plans. It also offers the impacted persons an opportunity to improve their living
standards.
7.3.1 Comparison between Land Law in Uganda and Bank OP 4.12

Whereas the law relating to land administration in Uganda is wide and varied, entitlements for payment of
compensation are essentially based on the right of ownership. The World Bank OP 4.12 is fundamentally
different from this, and states that affected persons are entitled to some form of compensation whether or
not they have legal title, if they occupy the land by a specified cut-off date. The higher of the two
standards will be followed in this policy framework, since that procedure also satisfies the requirements
of the lesser standard. Therefore, The World Bank OP 4.12 will be followed since it is higher.
Ugandan law does not make any specific accommodation for squatters or illegal settlers, and
reimbursement is based on legal occupancy.
Finally, there is also no provision in the law that the state should attempt to minimize involuntary
resettlement.
Page35
Comparison of Ugandan Law and the World Banks OP 4.12 Regarding Compensation
Table VI: Comparison of Ugandan and World Bank Policies on Resettlement and Compensation 1
Types
Affected
Persons/
Assets
of
Ugandan Law
World Bank OP4.12
Comparison/Gaps
Mitigation Measures
The Constitution of Uganda, 1995 vests

all land directly in the Citizens of
Uganda, and states that every person in
Uganda has the right to own property.
Ugandan law recognizes four distinct
land tenure systems, customary tenure,
freehold tenure, leasehold tenure, and
mailo tenure.
Through census and socio-economic

surveys of the affected population,
identify, assess, and address the
potential economic and social impacts of
the project that are caused by
involuntary taking of land (e.g.,
relocation or loss of shelter, loss of
assets or access to assets, loss of income
sources or means of livelihood, whether
or not the affected person must move to
another location) or involuntary
restriction of access to legally
designated parks and protected areas
The legal right to resettlement is applicable

only to those with proprietary interest in
the affected land
The World Bank OP4.12 takes

precedence over the Ugandan
law
Lost
Land Owners
Customary land is owned in perpetuity

and is governed by the customary laws
by the peoples who have customary
tenure. These people have propriety
interest in the land in perpetuity and
can acquire a certificate of customary
ownership or a freehold certificate of
title by requesting one through the
Parish Land Committee (which will
then be granted by the District Land
Board).
Land-for-land exchange is the preferred

option; compensation is to be based on
replacement cost.
Customary
ownership.
land
holds
property
and
Entitlement for payment of compensation

is essentially based on the right of
ownership or legal user/occupancy rights
Customary land owners are entitled to

compensation based on the open market
1
Source: Safeguards Diagnostic Review for Piloting the Use of Ugandan Systems to Address Environmental Safeguard Issues in the Proposed World Bank-Assisted Uganda Energy
Development and Access Project (GEDAP), December 2006
Page36
Types
Affected
Persons/
Assets
of
Ugandan Law
World Bank OP4.12
Comparison/Gaps
Mitigation Measures
For those without formal legal rights to

lands or claims to such land that could
be recognized under the laws of the
country, the government should provide
resettlement assistance in lieu of
compensation for land, to help improve
or at least restore those affected persons
livelihoods
There is no distinction or discrimination

made on the basis of gender, age, or ethnic
origin between Ugandan law and Bank
policy. However, there is no explicit
equivalence on the specific requirements
for
enforcing
non-discrimination,
including the requirement that particular
attention be paid to the needs of vulnerable
groups among the displaced.
Design GPE Program to avoid

resettlement
or
minimize
displacement of people e.g
sitting and routing of Program
activities will try to avoid land
held by illegal tenants.
Lost
Land
Tenants/Squatte
rs
value of the unimproved land

Ugandan law does not make any
specific accommodation for squatters
or illegal settlers, and compensation is
based on legal occupancy. (lawful or
bonafide occupancy)
Leasehold tenure is created either by
contract or by operation of the law.
The landlord grants the tenants or
lessee exclusive possession of the land,
usually for a period defined and in
return for a rent. The tenants or lessee
has security of tenure and a proprietary
interest in the land.
Those without formal legal rights or claims

to such lands are not entitled to be resettled
or compensated.
Where involuntary resettlement

is necessary, the World Bank
OP4.12 takes precedence over
the Ugandan law
The Land Act treats lawful occupants

and bonafide occupants as statutory
tenants of the registered owner
Land
Users/Licensees
Licensees are granted authority to use

land for agricultural production, usually
limited to annual crops. They have no
legal security of tenure or any propriety
right in the land.
The Land Act, section 29(5) clearly
states that for the avoidance of doubt, a
licensee shall not be taken to be a
lawful or bonafide occupant
Identify and address impacts also if they

result from other activities that are: (a)
directly and significantly related to the
proposed project, (b) necessary to
achieve its objectives, and (c) carried out
or planned to be carried out
contemporaneously with the project.
No equivalence between Bank and

Ugandan systems for identifying and
addressing impacts resulting from project
related activities.
Page37
Design GPE Program to avoid

resettlement
or
minimize
displacement of people e.g.
sitting and routing of civil works
for those schools to receive
buildings will include selection
that assesses and confirms land
ownership and use prior to
approval of start of activities
Types
Affected
Persons/
Assets
of
Ugandan Law
World Bank OP4.12
Comparison/Gaps
Mitigation Measures
Lost
which will guide implementation

The program will have a
strategy for enabling the PAPs
restore their incomes to at least
pre-GPE program levels, where
affected.
Where involuntary resettlement
is necessary, the World Bank
OP4.12 takes precedence over
the Ugandan law
Owners of nonpermanent
buildings
Mailo tenure involves the holding of

land in perpetuity. It was established
under the Uganda Agreement of 1900.
It permits the separation of ownership
of land from the ownership of
developments on land made by a lawful
occupant.
Owners of non-permanent buildings are
entitled to compensation based on rates
set by District Land Boards.
For those without formal legal rights to

lands or claims to such land or assets
that could be recognized under the laws
of the country, Bank policy provides for
resettlement assistance in lieu of
compensation for land, to help improve
or at least restore their livelihoods.
There appears to be a significant difference

between Ugandan laws and Bank policy.
Those without formal legal rights or claims
to such lands and/or semi-permanent
structures are not entitled to resettlement
assistance or compensation.

law
Owners
permanent
buildings
Valuation of buildings is based on open

market value for urban areas and
depreciated replacement cost in the
rural areas.
Entitled to in-kind compensation or cash

compensation at full replacement cost
including labor and relocation expenses,
prior to displacement
Values based on depreciated replacement

cost do not reflect full replacement
cost/value

law
of
Page38
Types
Affected
Persons/
Assets
of
Ugandan Law
World Bank OP4.12
Comparison/Gaps
Mitigation Measures
Once the assessment office takes

possession, the land immediately
becomes vested in the Land
Commission, according to the Land
Acquisition Act. However the Land Act
Cap 227 (section 42) provides
compulsory acquisition must comply
with
the
provisions
of
the
Constitution(article 26)
Implement all relevant resettlement plans

before project completion and provide
resettlement
entitlements
before
displacement or restriction of access. For
projects involving restrictions of access,
impose the restrictions in accordance with
the timetable in the plan of actions.
There is no equivalence on implementing

all relevant resettlement plans before
project completion or on providing
resettlement
entitlements
before
displacement or restriction of access.

law
According to the Land Act, Cap 227

(section 77), the value of customary
land shall be the open market value of
the unimproved land. Value of the
buildings shall be at open market value
for urban areas and depreciated
replacement cost for rural areas. The
crops and buildings of a non-permanent
nature are compensated at rates set by
District Land Boards.
Bank policy requires: (a) prompt

compensation at full replacement cost
for loss of assets attributable to the
project; (b) if there is relocation,
assistance during relocation, and
residential housing, or housing sites, or
agricultural
sites
of
equivalent
productive potential, as required; (c)
transitional support and development
assistance, such as land preparation,
credit facilities, training or job
opportunities as required, in addition to
compensation measures; (d) cash
compensation for land when the impact
of land acquisition on livelihoods is
minor; and (e) provision of civic
infrastructure and community services as
required.
To avoid or minimize involuntary
resettlement and, where this is not
There are no equivalent provisions on

relocation assistance, transitional support,
or the provision of civic infrastructure.

law
Lost
Timing
of
compensation
payments
Calculation of
compensation
and valuation
Relocation and
Both The Constitution, 1995 and The

Land Act, 1998 gives the government
Each sub-project will be

assessed and will take relevant
steps will be taken appropriately
guided by the RPF
The basis of compensation assessment is

not stated in the Land Acquisition Act (an
old law due for review), although the
Constitution provides for prompt, fair and
adequate compensation. (article 26)
Ugandan laws do not appear to make

provisions for avoidance or minimizing of
Page39

Types
Affected
Persons/
Assets
of
Ugandan Law
World Bank OP4.12
Comparison/Gaps
Mitigation Measures
resettlement
and local authorities power to

compulsorily acquire land.
The
Constitution states that no person shall
be compulsorily deprived of property or
any interests in or any right over
property of any description except if
the taking of the land necessary for
public use or in the interest of defence,
public safety, public order, public
morality or public health.
feasible, to assist displaced persons in

improving or at least restoring their
livelihoods and standards of living in
real terms relative to pre-displacement
levels or to levels prevailing prior to the
beginning of project implementation,
whichever is higher
involuntary resettlement
law
Completion of
resettlement
and
compensation
Privately owned lands value is

negotiated between the owner and the
developer. In rural areas, land is valued
at open market value, buildings are
valued at replacement cost, and a 15%
to 30% disturbance allowance must be
paid if six months or less notice is
given to the owner.
There are no explicit provisions under
resettlement or relocation for livelihood
assistance.
Implement all relevant resettlement plans

before project completion and provide
resettlement
entitlements
before
displacement or restriction of access. For
projects involving restrictions of access,
impose the restrictions in accordance with
the timetable in the plan of actions.
There is no equivalence between Ugandan

law and World Bank policies on
implementing relevant resettlement plans
before project completion or on providing
resettlement
entitlements
before
displacement or restriction of access.

law
Livelihoods and living standards are to

be restored in real terms to predisplacement levels or better
Ugandan policy and legislation would need

to be aligned with Bank policy to
effectively guarantee rights of all affected
persons of involuntary resettlement.

law
There are no explicit provisions for

consultations and disclosure but there
are guidelines issued by separate
ministries (e.g. roads and energy).
The Land Acquisition Act, however
makes provision for an enquiry
whereby the affected person can make
formal written claim and the
assessment officer is obliged to conduct
Consult project-affected persons, host

communities and local NGOs, as
appropriate. Provide them opportunities to
participate
in
the
planning,
implementation, and monitoring of the
resettlement program, especially in the
process of developing and implementing
the procedures for determining eligibility
for
compensation
benefits
and
While the consultation requirement is

inherent in the EIA, it contains a number
of differences with the requirements of
Bank policy.

law
Lost
i.
Livelihood
restoration and
assistance
Consultation
and disclosure
Page40
Types
Affected
Persons/
Assets
of
Ugandan Law
World Bank OP4.12
Comparison/Gaps
Mitigation Measures
a hearing before making his award.
development assistance (as documented in

a resettlement plan), and for establishing
appropriate and accessible grievance
mechanisms.
Establish appropriate and accessible
grievance mechanisms
Ugandan law is consistent with the

requirements of World Bank OP 4.12.
The RPF has defined a GMR to

be followed in preparing the
RAPs as may be found
appropriate
Lost
Grievance
mechanism and
dispute
resolution
The Land Act, 1998 states that land

tribunals must be established at all
districts. The Land Act empowers the
Land Tribunals to determine disputes
and it provides for appeal to higher
ordinary courts. The Land Acquisition
Act provides for the aggrieved person
to appeal to the High Court
Page41
8.0 LAND ADMINISTRATION AND CATEGORIES OF AFFECTED PERSONS

8.1 JURISDICTION OF THE FRAMEWORK
The following will apply in the implementation of this framework:
all land acquisition, including voluntary land contribution will be compensated,

compensation will be limited to valuations made after the cut-off date
compensation for existing infrastructure will be limited to new land acquired for extensions
and rehabilitation of these infrastructures and related services,
all land conflicts will be resolved in a transparent manner and in a manner that is not
coercive. Attempts will be made to resolve conflicts at the village, traditional authority or
district level. Where this is not possible, recourse can be heard at State legal institutions on
land ownership in Uganda
8.2 GENERAL LAND ACQUISITIONS, TITLE, TRANSFER AND TERM OF OWNERSHIP

Land acquisition in Uganda may be achieved through:
occupancy by individual persons and by local communities, in accordance with customary norms
and practices, which do not contradict the Constitution;
uninterrupted occupancy by individual nationals who have been using the land in good faith for at
least twelve years before 1995 and;
authorisation on the basis of an application submitted by an individual or corporate person in the
manner established by the Land Law.
The Land Law stipulates that a land title will be issued by the Lands Department. However, the absence
of a title will not prejudice the right of land use and benefit acquired through occupancy. The application
for a land title will include a statement by the local administrative authorities, preceded by consultation
with the respective communities, for the purpose of confirming that the area is free and has no occupants.
Title to local community land will be issued in a name decided upon by the community and individual
men and women who are members of the local community may request individual titles after partitioning
community land.
The right of land use and benefit can be proved by presentation of the respective title; testimonial proof
presented by members, men and women of local communities and by expert evidence and other means
permitted by law.
Among other modes of land transfer, the Land Law permits the transfer of land by inheritance, without
distinction by gender. The right of land is not subject to time limit for the following cases: (i) Where the
right was acquired by local communities through occupancy; (ii) Where it is intended for personal
residential purposes and; (iii) Where individual nationals intend it for family.
Page42
8.3 LIKELY NUMBER AND CATEGORIES OF AFFECTED PERSONS

The likely numbers of persons who may be affected and displaced during implementation of the GPE
Comprehensive program activities cannot be accurately estimated, though every efforts will be made to
minimize land acquisition leading to involuntary resettlement and/or restrictions of access to resources or
livelihoods. However, the GPE program Affected Persons (PAPs) or the persons likely to be displaced
economically or physically can generally be categorised into the following main groups.
a) Affected Households
A household will be affected if one or more of its members are affected by the GPE Program activities.
This will be either in the form of loss of property, land or access to services or socio-economic resources.
Affected household members will include:
any member of the household whether men, women, children, dependent relatives, friends and
tenants;
vulnerable individuals who may be too old or ill to farm or perform any duties with the others;
members of the household who are not residents because of cultural rules, but depend on one
another for their livelihood;
members of the household who may not eat together but provide housekeeping or reproductive
services, critical to the familys maintenance;
other vulnerable people who cannot participate, for physical or cultural reasons; in production,
consumption, or co-residence;
disabled persons who may be attached to a particular service center.
In general, the local families live in farm families that co-reside sharing production, consumption and
domestic farming services on a regular and continuous basis. However, compensation should not be
limited to people living together to the exclusion of those who may not be in residence with the rest of the
family, for reasons such as polygamy.
The affected households -a household is affected if one or more of its members is affected by sub-GPE
program activities, either by loss of property, land, loss of access, or otherwise affected in any way by
GPE program activities. This provides for:
any members in the households, men, women, children, dependent relatives and friends, tenants,
vulnerable individuals who may be too old or ill to farm along with the others;
opposite sex-relatives who cannot reside together because of cultural rules, but who depend on
one another for their daily existence;
opposite-sex relatives who may not eat together but provide housekeeping, or reproductive
services critical to the familys maintenance and;
other vulnerable people who cannot participate for physical or cultural reasons in production,
consumption, or co-residence.
In the local cultures, members of production, consumption, and co-resident groups form overlapping,
often incongruent sets of people who may exchange domestic or farming services on a regular basis even
though living separately.
Page43
Compensation will not be limited to people who live together in a co-resident group, since this might
leave out people whose labor contributions are critical to the functioning of the household. For
example, among polygamous groups, each wife has her own home.
b) Vulnerable Households
One of the objectives in the decentralization policy of Uganda targets empowering women by removing
restrictive practices on women's participation in decision making processes that affect them. Additionally
because of the sporadic activities of the rebel group (LRA) in the past, there may be still some internally
displaced people, from northern Uganda. Therefore, particular attention will be paid to impacts on
vulnerable members of these communities such as women, children and Internally Displaced Persons
(IDPs).
c) Internally Displaced Persons
These are people who had to flee their homes as a result of rebel atrocities committed against their
communities and are now virtually refugees in their own country and have not returned. They may be
dependent on the NGO community and others for support. Particular efforts are to be made not to
negatively impact these people where possible, but when unavoidable, efforts will be concentrated on
post-compensatory measures such as opportunities to participate in GPE program activities.
d) Internally Displaced Orphaned Children
Despite the Laws of Uganda and those of the International Labor Organization (ILO) and other
organizations, children, especially orphaned children or children separated from their parents, remain
particularly vulnerable to forced employment and associated health and safety hazards. They participate
in income generating activities such as fetching of water, artisanal mining, etc. If they are impacted by
the GPE program in a way that means they have to be physically relocated, their compensation cannot be
in cash. Instead, efforts will be geared towards enrolling them in a UNICEF-funded program or
registration with other childrens charities that are operating in Uganda today, for rehabilitation. Their
compensation could take the form of paying for their rehabilitation and training to acquire useful
vocational skills.
e) Women
Women may depend on husbands, sons, brothers or others for support. In many cases too, women are the
main breadwinners in their households, yet in some communities in Uganda, women cannot own land.
Also, as mothers and wives, they need access to health service facilities. Women are central to the
stability of the household. They will not be resettled in a way that separates them from their households as
the very survival of their households depends on them. Furthermore, the decentralization policy of
Uganda recognizes the plight of women and seeks to encourage employment and the involvement of
women in decision-making. Their compensation will take into account all these factors.
The needs and problems of the women are likely to be different both in character and magnitude than
those of men, particularly in terms of social support, services, employment and means of survival. One of
the roles of women in Uganda is to provide food and other services like water and firewood. They are the
major tillers of land and many especially the urban dwellers earn their living from selling of produce and
other food stuffs in markets. Hence the women will face more difficulties than the relocated men in
finding and opening up land for cultivation as well as in re-establishing markets and other trade. Women
in subsistence communities often depend on forest resources for basic needs such as food, fuel and animal
forage. These would need replacement. Female heads of households are eligible for the same benefits as
their male counterparts but they would need special attention if they lack resources, educational
qualifications, skills, or work experience compared to men.
Page44
f) Elderly
The elderly people farm or engage in other productive activities as long as they are physically able to.
Their economic viability does not depend on how much land they farm or how much they produce
because, by producing even small amounts of food to exchange with others, they can subsist on cooked
food and generous return gifts of cereal from people such as their kith and kin and neighbours. Losing
land will not necessarily affect their economic viability. They will have cash or in-kind replacements to
exchange. For future production they need access to only a small parcel of land. What would damage
their economic viability is resettlement that separates them from the person or household on whom they
depend for their support. The definition of household by including dependents avoids this.
g) Indigenous Peoples
The Ik (in Karamoja) and Batwa (in southwestern Uganda) have been identified as groups that may be in
the project area and/or are affected by the project. A separate Social Assessment and Indigenous Peoples
Planning Framework has been prepared which explains their cultural and socio-economic vulnerability.
Both documents include measures for consultation, participation in, and benefit-sharing in the project.
The project is not expected to have adverse impacts on these groups.
h) Voluntary Land Contributors
Under UPPET there were instances when individual members gave land voluntarily and compensation
was not documented. Particular attention should be be paid to ascertain that these contributions were
indeed voluntary and free from all pressures from society and free from fear of prosecution,
marginalization or stigmatization. All persons or groups affected by this will be documented and
monitored even where contributions are voluntary to ascertain whether they have not been or likely to be
affected such that they are left poorer or livelihoods affected without course for compensation. Sometimes
land is given voluntarily because people do not want to be seen as or accused of, holding back
community development.
Note: All voluntary land contribution should be accompanied a negotiated compensation. Voluntary Land
Contribution without Compensation is not recommended, because experience has shown that opening up
this venue either leads (i) to elitism or to (ii) forced contribution from the most vulnerable groups or
persons. To avoid this elitism, abuses of vulnerable groups, and delays in GPE Program, it is preferable to
compensate all land acquisition for program activities. Refer to 9.3 (page 53).
These household types are not mutually exclusive, therefore, the elderly may be internally displaced
persons, and women could be affected individuals.
8.4 CUSTOMARY LAND USERS WITHOUT A FORMAL TITLE
These are the local or/and indigenous groups and are usually peasant farmers or pastoralists who may
have customary rights to the land and other resources taken from the GPE program. These people usually
have ancestral customary rights to regulate collective common property and have open access to common
grazing land, fishing areas, forest and grassland resources for subsistence and cash incomes. The World
Bank Policy (OP 4.10) has been triggered for GPE- Teacher effective project because it will cover areas
inhabited by legally recognized indigenous peoples communities of Ik in Karamoja and Batwa in South
Western region of Uganda. The MoES/LGs will take into consideration the affected people in this
category and work out a compensation and resettlement package for them if the program affects them
with respect to physical and economical land dislocations or/ and involuntary abstraction to a legally
designated parks and protected areas
Page45
The Land Owner (s)

These will lose agriculture land, living quarters plot, structures, valuable crops and income generating
activities.
The Affected with Business Enterprises
Another category of people is that of owners of commercial plots, structures used in commercial and
industrial activity. It also includes business persons and artisans occupying or renting commercial
premises.
Squatters and Encroachers
There may be some cases of squatters (on unused urban or rural land) and encroachers on forest and
farmland. The program will allocate some resources to rehabilitate the squatters and the encroachers.
The Very Poor
The poorest people in a community e.g. those with very small land holdings may lose their viability after
land acquisition and require full income restoration. The challenge for the very poor may be to identify
sustainable living and income-generating options that are acceptable and workable for them. A social
preparation phase can help to build the capacity of the very poor over a period of time to help them to
identify problems, constraints and possible solutions.
The Host Population
There could be adverse impact on the host population due to development of resettlement sites
Individuals
These fall under the above mentioned categories but affected individually. Others are the tenants who will
lose contract on farming or leasing and share of crops. There will also be those who will lose homes
occupied with the permission of the owner or those who are illegal.
The categories given above may not cover all types of affected persons. In addition, the categories are not
mutually exclusive. It is important therefore that the GPE program activities should have well prepared
and comprehensive resettlement action plans that would be specific and comprehensive enough to benefit
all the categories of affected persons, through the following and other actions as may be appropriate:
quick decisions and rapid action on the RAPs to assist the affected persons in a timely
manner;
individual and collective consultations will be expedited at the conception of the program
sites;
the affected persons will be given the opportunity to participate or to work in the GPE
program activities;
alternative subsistence farming plots will be identified, surveyed and developed and made
available to those losing land;
compensation for loss of crops and trees will be determined prior to re-location or
construction and paid accordingly;
rehabilitation support, where appropriate, will be given to those moved from their land during
relocation and re-establishment;
resettlement will be aimed at improving their livelihoods;
monitoring of the RAPs to ensure that resettlement and compensation has improved the
quality of life of all the affected persons , in comparison with their pre-resettlement
conditions and;
technical and financial assistance will be made available to them.
Page46
9.0 STEPS TO BE FOLLOWED IN LAND ACQUISITION AND RESETTLEMENT FOR

THE GPE- TEACHER EFFECTIVENESSPROJECTINVESTMENT ACTIVITIES
Implementation of investment activities for the GPE Program, particularly the infrastructure and related
services may include construction of new classrooms, water and sanitation facilities, and the
expansion/protection /rehabilitation of existing structures. These activities may require land acquisition,
leading to peoples denial or restriction of access to land resources, services and social amenities. In this
case, resettlement action plans, consistent with OP 4.12 and the resettlement policy framework, will be
prepared.
9.1 THE SCREENING PROCESS
Once the list of GPE Program activities is known, the process for land acquisition and resettlement will
start with the screening process (identification and analysis) of possible and alternative sites for GPE
program activities implementation.
During screening and indeed during all the other planning and preparatory activities, there will be
adequate consultation and involvement of the local communities and the affected persons. Specifically,
the affected persons will be informed about the intentions to use the earmarked sites for the GPE
Program. The affected persons will be made aware of:
a. Their options and rights pertaining to resettlement.
b. Specific technically and economically feasible options and alternatives for resettlement
sites.
c. Proposed dates for displacement or land repossession.
d. Effective compensation rates at full replacement costs for loss of assets and services
e. Proposed measures and costs to maintain or improve their living standards.
f. Grievance procedure
9.2 STEPS LEADING TO PREPARATION OF THE RESETTLEMENT ACTION PLAN
The screening process is a very important component of several activities that contribute to the
preparation of the Resettlement Action Plans (RAPs). Preparation and submission of the Resettlement
Action Plan to the relevant local government authorities and World Bank comprises the following steps:
RAP Preparation. As soon as the list (sub-projects) is approved by the responsible agency implementing
the GPE Program, a consultative and participatory process for preparing a RAP will be started, as
follows:
(i) A socio-economic survey will be completed to determine scope and nature of resettlement
impacts.
(ii) The socio-economic study will be carried out to collect data in the selected sub-project sites.
(iii) The socio-economic assessment will focus on the potential affected communities, including some
demographic data, description of the area, livelihoods, the local participation process, and
establishing baseline information on livelihoods and income, landholding, etc.
Annex 2 describes the requirements for the RAP in detail. In general, the RAP contains the following
information:
Page47
(i) Baseline Census;

(ii) Socio-Economic Survey;
(iii) Specific Compensation Rates and Standards;
(iv) Entitlements related to any additional impacts;
(v) Site Description;
(vi) Programs to Improve or Restore Livelihoods and Standards of Living;
(vii) Detailed cost estimates and Implementation Schedule.
The RAP will be prepared by the MoES through a Consultant.

The following guidelines are used when a RAP is developed.
Step 1: Consultation and participatory approaches. The program investment activities to be
undertaken and the locations of the investments will undergo preliminary evaluation on the basis of the
objectives of the program. A participatory approach is adopted to initiate the compensation process. The
consultations must start during the planning stages when the technical designs are being developed, and at
the land selection/screening stage. The process therefore seeks the involvement of PAPs throughout the
census for identifying eligible PAPs and throughout the RAP preparation process.
Step 2: Disclosure and notification.The MoES will approach the communities impacted through the
local government authorities with the view to arriving at a consensus on possible sites for the type of
facility to be adopted.All eligible PAPs are informed about the GPE Program and the RAP process. A cutoff date is established as part of determining PAPs eligibility. In special cases where there are no clearly
identifiable owners or users of the land or asset, the RAP team must notify the respective local authorities
and leaders. A triangulation of information affected persons; community leaders and representatives;
and an independent agent (e.g. local organization or NGO; other government agency; land valuer) may
help to identify eligible PAPs. The RAP must notify PAPs about the established cut-off date and its
significance. PAPs must be notified both in writing and by verbal notification delivered in the presence of
all the relevant stakeholders.
Step 3: Documentation and verification of land and other assets. The government authorities at both
national and local levels (village councils, parish/sub-county and district development committees);
community elders and leaders; representatives from the MoES will arrange meetings with PAPs to
discuss the compensation and valuation process. For each individual or household affected by the subproject, the RAP preparation team will complete a Compensation Report containing necessary personal
information on the PAPs and their household members; their total land holdings; inventory of assets
affected; and demographic and socio-economic information for monitoring of impacts. This information
will be documented in a Report, and ideally should be witnessed by an independent or locally
acceptable body (e.g. Resettlement Committee). The Reports will be regularly updated and monitored.
Step 4: Compensation and valuation. All types of compensation will be clearly explained to the
individual and households involved. These refer especially to the basis for valuing the land and other
assets. Once such valuation is established, the MoES will produce a Contract or Agreement that lists all
property and assets being acquired by the sub-project and the types of compensation selected. Table II
below provides a sample of entitlements that are eligible for compensation. These options include in-kind
(e.g. replacement housing) and cash compensation. All compensation should occur in the presence of the
affected persons and the community local leaders.
Step 5: Community payments. Although most sub-projects do not normally take land and other assets
belonging to a community, such as a community centre, school, or sacred site, if this occurs in a subResettlement Policy Framework (RPF) for GPE, 2013
Page48
project, the community (as a whole) will be compensated. This compensation will be in the form of
reconstruction of the facility (in case of damages) or replacement at least the same standard or equivalent
or better standard required by local planning regulation. Examples of community compensation expansion
of grazing grounds; rehabilitation of school buildings, public toilets, health facilities; installation of wells
or pumps; creation of market places; and reconstruction of community roads.
Step 6: Grievance mechanism. The sub-project RAP team will establish an independent grievance
mechanism. This may be set up through Local Authorities, including a Resettlement or Land Committee
and through community leaders. All PAPs will be informed about how to register grievances or
complaints, including specific concerns about compensation and relocation. The PAPs should also be
informed about the dispute resolution process, specifically about how the disputes will be resolved in an
impartial and timely manner. The RAP Team will produce a Report containing a summary of all
grievances. If needed, the dispute resolution process should include Ugandan Courts of Law, but
traditional institutions can be an effective first step in both receiving and resolving grievances.
Step 7: Defining Entitlements and Preparing an Entitlement Matrix
The basis of what is to be paid as compensation will be determined by identifying the most appropriate
entitlement for each loss. Based on the entitlements, options for resettlement would be selected in
accordance with Bank Policy OP 4.12 (6a (ii)) and the merits of the option.
The RAP planner will prepare an entitlement matrix with respect to both temporary and permanent
displacement. This matrix will set the measure for the payment for all losses or impacts. It will also list
the type of loss, criteria for eligibility and define entitlements as presented in Table V.
Page49
Table VII: Entitlement Matrix

Land and Assets
Types of Impact
Person(s) Affected
Compensation/Entitlement/Benefits
Agricultural land
Less than 20% of land holding

affected
Farmer/ title holder
Cash compensation for affected land equivalent

to replacement market value
Land remains economically

viable.
Tenant/
holder
lease
Cash compensation for the harvest or product

from the affected land or asset, equivalent to
average market value of last 3 years, or market
value of the crop for the remaining period of
tenancy/ lease agreement, whichever is greater.
Greater than 20% of land

holding lost
Farmer/
holder
Title
Land for land replacement where feasible, or

compensation in cash at market value for the
entire landholding according to PAPs choice.
Cash
compensation
for
affected land equivalent to
market value
Land does not become

economically viable.
Land for land replacement will be in terms of a

new parcel of land of equivalent size and
productivity with a secure tenure status at an
available location which is acceptable to PAPs.
Transfer of the land to PAPs shall be free of
taxes, registration, and other costs.
Relocation assistance (costs of shifting +
assistance in re-establishing economic trees +
allowance up to a maximum of 12 months while
short- term crops mature )
Tenant/Lease
holder
Cash compensation equivalent to average of last

3 years market value for the mature and
harvested crop, or market value of the crop for
the remaining period of tenancy/ lease
agreement, whichever is greater.
assistance in re-establishing economic trees +
allowance up to a maximum of 12 months while
short- term crops mature
Commercial Land
Land used for

partially affected
business
Title
holder/
business owner
Opportunity cost compensation equivalent to 5%

of net annual income based on tax records for
previous year (or tax records from comparable
business, or estimates where such records do not
exist).
Limited loss
Business owner is
50
Cash compensation for affected land
Opportunity cost compensation equivalent to

Land and Assets
Types of Impact
Assets
used for business
severely affected
Person(s) Affected
lease holder
10% of net annual income based on tax records

for previous year (or tax records from
comparable business, or estimates where such
records do not exist)
Title
holder/business
owner
Land for land replacement or compensation in

cash according to PAPs choice. Land for land
replacement will be provided in terms of a new
parcel of land of equivalent size and market
potential with a secured tenure status at an
available location which is acceptable to the
PAP.
If partially affected, the

remaining assets become
insufficient
for
business
purposes
Transfer of the land to the PAP shall be free of

allowance)
Opportunity cost compensation equivalent to 2
months net income based on tax records for
business, or estimates)
Business person is
lease holder

business, or estimates), or the relocation
allowance, whichever is higher.
Relocation assistance (costs of shifting)
Assistance in rental/ lease of alternative land/
property (for a maximum of 6 months) to reestablish the business.
Residential Land
Land used for residence

partially affected, limited loss
Title holder
Cash compensation, taking into account market

values, for affected land
Rental/lease holder
Cash compensation equivalent to 10% of lease/

rental fee for the remaining period of rental/
lease agreement (written or verbal)
Title holder
Land for land replacement or compensation in

cash, taking into account market values,
Remaining land viable for

present use.
51

Land and Assets
Types of Impact
Person(s) Affected
according to PAPs choice.
Land for land replacement shall be of minimum
plot of acceptable size under the zoning law/ s or
a plot of equivalent size, whichever is larger, in
either the community or a nearby resettlement
area with adequate physical and social
infrastructure systems as well as secured tenure
status.
When the affected holding is larger than the
relocation plot, cash compensation to cover the
difference in value.
Transfer of the land to the PAP shall be free of
allowance)
Land and assets used for

residence severely affected
Rental/lease holder
Remaining area insufficient

for continued use or becomes
smaller
than
minimally
accepted under zoning laws
Refund of any lease/ rental fees paid for time/

use after date of removal
Cash compensation equivalent to 3 months of
lease/ rental fee
Assistance in rental/ lease of alternative land/
property
allowance)
Buildings
structures
and
Structures
affected
are
partially
Owner
Cash compensation for affected building and

other fixed assets. Compensation should take
account of replacement costs for materials and
supplies.
Remaining structures viable

for continued use
Cash assistance to cover costs of restoration of
the remaining structure
Rental/lease holder
Cash compensation for affected assets

(verifiable improvements to the property by the
tenant). Compensation should take account of
replacement costs for materials and supplies.
Disturbance compensation equivalent to two
months rental costs
Entire structures are affected

or partially affected
52
Owner
Cash compensation for entire structure and other

fixed assets without depreciation, or alternative
structure of equal or better size and quality in an

Land and Assets
Types of Impact
Person(s) Affected
available location which is acceptable to the
PAP. Compensation should take account of
Remaining structures not

suitable for continued use
Right to salvage materials without deduction

from compensation
allowance)
Rehabilitation assistance if required (assistance
with job placement, skills training)
Rental/lease holder
Cash compensation for affected assets

(verifiable improvements to the property by the
tenant). Compensation should take account of

allowance equivalent to four months rental
costs)
Assistance to help find alternative rental
arrangements
Rehabilitation assistance if required (assistance
with job placement, skills training)
Squatter/informal
dweller
Cash compensation for affected structure

without depreciation. Compensation should take
account of replacement costs for materials and
supplies.
Right to salvage materials without deduction

from compensation
assistance
to
find
alternative
secure
accommodation preferably in the community of
residence through involvement of the project)
Alternatively, assistance to find accommodation
in rental housing or in a squatter settlement
scheme, if available
Rehabilitation assistance if required assistance
with job placement, skills training
53

Land and Assets
Types of Impact
Person(s) Affected
Street
vendor
(informal without
title or lease to the
stall or shop)

business, or estimates), or the relocation
allowance, whichever is higher.
Relocation assistance (costs of shifting)
Assistance to obtain alternative site to reestablish the business.
Standing crops
Crops affected by land

acquisition
or
temporary
acquisition or easement
PAP
(whether
owner, tenant, or
squatter)
Cash compensation equivalent to average of last

3 years market value for the mature and
harvested crop.
Trees
Trees lost
Title holder
Cash compensation based on type, age and

productive value of affected trees plus 10%
premium
Temporary
Acquisition
Temporary acquisition
PAP
(whether
owner, tenant, or
squatter)
Cash compensation for any assets affected (e. g.

boundary wall demolished, trees removed)
54
9.3 PUBLIC CONSULTATION AND PARTICIPATION

GPE Program involving the community owes its success to community participation and involvement
from the planning phase through implementation to utilization. Hence public consultations through
Participatory Rural Appraisal (PRA) will be mandatory for all GPE program activities requiring land
acquisition; compensation and resettlement for the UPPET program Investment activities. The aim of
public consultations at this stage would be to:
disseminate concepts for proposed GPE program with a view to implement GPE program
interest amongst communities and;
determine communities willingness to contribute in kind towards the implementation of the
GPE program.
Public consultations in relation to the RAP occur at all stages, starting with inception and planning when
the potential lands and alternative sites are being considered. A participatory approach is adopted as an
on-going strategy throughout the entire project cycle.
Public participation and consultations take place through individual, group, or community meetings.
Additionally, radio programs and other media forms may be used to further disseminate information.
PAPs are consulted in the survey process; public notices where explanations of the sub-project are made;
RAP implementation of activities; and during the monitoring and evaluation process. Selection of ways to
consult, and expand participation by PAPs and other stakeholders, will take into consideration literacy
levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like
distance).
The role of traditional political and cultural leaders, including the community elders, in the participation
strategy will be important. The RAP team should ensure that these leaders and local representatives of
PAPs are fully involved in designing the public consultation procedures.
Data collecting phase: Consultations during preparation, in particular, the collection of background
information, and the social survey or social assessment, are critical for successful data collection. The
levels of consultation will vary from households to community groups, based on the particular context of
the sub-project(s). The RAP team will design the questionnaires but it will be the households,
organizations, and institutions that will validate their effectiveness through feedback. Focus group
meetings with women, farmers associations, individuals who own farms, fishing boats, etc., as well as
primary and/or secondary schools, health centres, and agricultural cooperative unions are usually good
sources for establishing the community baseline situation.
Implementation phase: During implementation, PAPs will be informed about their rights and options.
The grievance mechanism will continue to operate and all grievances will be recorded. The participation
of local leaders and PAPs in disseminating information and resolving disputes will be important once
RAP implementation starts. A dynamic participatory approach involves PAPs in decision making about
livelihood and community development programs.
55
Monitoring and evaluation phase: PAPs representatives will participate in the sub-project workshops at
mid-term and at the end of RAP implementation. To the extent possible, the RAP should include social
accountability tools like citizen report cards to assess the quality of RAP implementation, and in some
cases, assist the RAP team in tracking expenditures. The latter would be significant in helping PAPs with
money management and restoring their livelihoods. PAPs will be able to suggest corrective measures, as
needed, to improve RAP implementation in the sub-project(s). Prior to closing the RAP, PAPs will
participate in a feedback survey as part of the RAPs independent impact evaluation exercise.
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10.0 GUIDING PRINCIPLES FOR THE VARIOUS TYPES OF LAND ACQUISITION

MECHANISMS
10.1 PREVIOUS AND CURRENT LAND ACQUISITION PRACTICE
While the land acquisition practice may have had its merits, some landowners were disadvantaged and
made poorer. Also, the vulnerable people were disadvantaged because they did not have a say in the land
acquisition process. The situation was aggravated by lack of capacity on the part of landowner(s) or
vulnerable groups to forward their grievances to those responsible, including the courts of law to address
their grievances.
Currently in Uganda, there is a growing awareness of the obligations on the part of GPE program funding
agencies, GPE program implementers as well as the public and the government, particularly on the need
for fair practices in land acquisition, payment of compensation and resettlement.
10.2 PROPOSED LAND ACQUISITION MECHANISM
This Resettlement Policy Framework, for the GPE program activities advocates all measures to eliminate
or minimize the impacts of physical and economic displacement of people. Therefore when the
acquisition of land is required, the program will:
initially endeavor to utilise available freehold or public land;

seek voluntarily donated land, sufficient for the purposes of the GPE program;
negotiate acquisition of land suitable for implementation of the GPE program activities using
agreed compensation plans and only as a last resort and;
acquire land through involuntary means following the provisions outlined in this RPF.
The Ministry of Education and Sports, Local Government Authorities and the communities concerned as
well as the PAPs will be consulted, clearly explaining the purpose of the acquisition, the area of land
required and the owners right to resettlement and compensation without any economic or moral
prejudice.
In the case of customary land, apart from implicating the MoES, Local Government Authorities, the
community leaders such as chiefs and a broad spectrum of the community, including youths and women
should be party to any consensus to the acquisition of land and the modalities envisaged.
Whatever the consensus arrived at, the provisions of this RPF and the World Bank operational policy OP
4.12 will be applied.
The institutional framework for application of this consensus or any litigation thereof is discussed further
in this document.
In this regard, the institution charged with piloting the land acquisition will consign in a record:
the land to be acquired;
names of the owners and occupiers of that land as far as they can be ascertained; or in the
case of customary land the name of the land owner who is the holder of the right over the
land as ascertained by the community;
57
identify local community leaders/representatives to assist in the process of land acquisition;

assess magnitude of impacts relative to the need for resettlement and/or compensation and
valuation of assets to be compensated for;
establish financial records showing the costs of relocation and compensation, the
beneficiaries and indicating how these costs were arrived at;
information on households or individuals eligible for relocation to their socioeconomic
standing (incomes, production material assets, debts etc);
details of the relocation site(s) in response to the exigencies contained;
details of resettlement after-care and assistance, where appropriate and;
available employment opportunities for the PAPs in the GPE program activities.
These records will be retained in the RAPs with copies detained by the MoES and local government
authorities.
10.3 VOLUNTARY LAND CONTRIBUTIONS WITH COMPENSATION
Voluntary Land Contribution with Compensation refers to cases where individuals or community land
owners agree to provide land for GPE program-related activities, in return for negotiated compensation.
Note: Voluntary Land Contribution without Compensation is not recommended, because experience has
shown that opening up this venue either leads (i) to elitism or to (ii) forced contribution from the most
vulnerable groups or persons. To avoid this elitism, abuses of vulnerable groups, and delays in GPE
Program, it is preferable to compensate all land acquisition for program activities.
10.4 INVOLUNTARY ACQUISITION OF LAND
Involuntary acquisition of land and assets including resettlement of people, unless absolutely necessary
should be avoided. In particular, acquisition of sites of spiritual or cultural/historical significance should
not be tolerated. Where involuntary land acquisition is unavoidable then it will be minimized to the
greatest extent possible.
The Displaced Persons will participate throughout the various stages of the planning and implementation
of the land acquisition, compensation and resettlement plans and processes. Prior to the preparation of the
Resettlement Action Plans, the persons to be displaced will be informed of the provisions of this
Framework and their entitlements at public meetings.
The Lands Law Legislation sets out in detail, the procedures for the acquisition of customary land and
freehold land by Government.
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11.0 ELIGIBILITY CRITERIA AND CONDITIONS FOR DISPLACEMENT OF GPE

PROGRAM AFFECTED PERSONS
11.1 WORLD BANK CRITERIA FOR DETERMINING ELIGIBILITY FOR COMPENSATION
According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation,
resettlement and rehabilitation assistance measures for persons to be displaced, will be based on the
following:
a. Persons that have formal legal rights to land, including customary and traditional; and religious
rights recognized under the laws of Uganda. This class of people includes those holding leasehold
land, freehold land and land held within the family or passed on through generations.
b. Persons who do not have formal legal rights to land or assets at the time the census begins; but
have a recognized claim of use to such land or ownership of assets through the national and
traditional laws of Uganda. This class of people includes those that come from outside the
country and have been given land by the local dignitaries to settle, and/or to occupy.
c. Persons who have no recognizable legal right or claim to the land they are occupying, using or
getting their livelihood from. This class of people includes encroachers and illegal
occupants/squatters.
Affected persons classified under paragraph (a) and (b) will be provided compensation, resettlement and
rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by the GPE
program. The compensation will be in accordance with the provisions of this framework and if affected
persons occupied the GPE program area prior to the cut-off date (date of commencement of the Census).
Persons covered under sub-section (c) above are to be provided with resettlement assistance in lieu of
compensation. In addition, they have to be given the necessary relocation assistance in conformity with
the provisions of this policy framework provided the land was occupied prior to the established cut-off
date.
All persons in the three sub-sections above are to be provided with compensation for loss of assets other
than land. Consequently, this policy advocates for some kind of assistance to all affected persons,
including illegal occupants/squatters and encroachers, that is, irrespective of whether they have formal
titles, legal rights or not.
Communities including districts, counties, sub-counties, parishes, towns, wards and villages permanently
losing land, resources and/or access to assets will be eligible for compensation. Compensation to
communities will include, but not limited to, that for public toilets, market places, car parks and health
posts. Compensation measures will ensure that pre-resettlement socio-economic status of the communities
are restored and maintained.
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11.2 PROCEDURES FOR PAYMENT OF COMPENSATION

Compensation payment will be made in the following ways:
(a) By agreement between the MoES and the PAPs or entities (individuals /households
/communities:
The MoES will offer such sums deemed adequate as compensation to the entity who may accept
that amount as compensation payable to him or her and;
Such sums will be disbursed directly to the beneficiary entity with the relevant records of
payments including the information stipulated in chapter 5 (land acquisition mechanism)
consigned to the RAPs and the records of the appropriate local government authority (district land
board).
(b) By court order on the amount of compensation where this has been the subject of litigation
between the MoES and the Affected Entity.
11.3 UGANDAN LEGISLATION ON COMPENSATION
In general, cash compensations are paid based upon market value of the crops. The affected persons are,
in some cases, entitled to new housing on authorized land under government housing programmes. Under
the customary law, land is given in compensation for land.
Shortfalls in the Legislation on resettlement and compensation in several countries throughout the world
have been the reason for internationally funded GPE Program to prefer such universally acceptable
policies as those of the World Bank.
11.4 CONDITIONS TO BE FOLLOWED IN DISPLACEMENT OF PEOPLE
Where displacement of people is unavoidable, the following conditions will be followed:
(a) The entitlement cut-off date will be determined and agreed upon in consultation with the MoES
and all the stakeholders particularly the affected persons.
(b) An assessment of the time likely to be needed to restore their living standards, income earning
capacity and production levels will be made.
(c) The assessment will ensure that the condition of the displaced persons will be improved or
maintained at least to the levels prior to GPE program implementation.
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12.0 NOTIFICATION, VALUATION PROCEDURES AND ENTITLEMENTS

12.1 NOTIFICATION PROCEDURE
The MoES will, by public notices in the daily newspapers and radio and television services, notify the
public of its intention to acquire land earmarked for GPE Program activities. A copy of such notice will
be served to each owner, occupier and person or agent having an interest in the land thereof. The names
and addresses of the owners, occupiers and agents will be readily ascertainable. The notice will state: (i)
The proposal to acquire the land; (ii) The public purpose for which the land is wanted; (iii) That the
proposal or plan may be inspected by relevant Ministry of Education officials or the appropriate LG
Administrative Offices; (iv) That any person affected may, by written notice, object to the transaction
giving reasons for doing so, to the entities cited above within a period to be specified at the time of
publication of the Notice.
12.2 VALUATION FOR STATE OWNED LAND
The land asset types identified under Ugandan Law are twofold:
State Lands and;

Lands under traditional or customary rights.
State owned land may be allocated free or sold on a commercial basis to individuals or communities by
the Minister responsible for land administration. For cases where the state-owned land is being used by
the public (for instance as settlements, for farming, for grazing or any other productive activity,) the
individual or the community would be expected to pay compensation. Privately owned property, would
have to be compensated for at the market value. The general guiding principle is that whoever was using
the land to be acquired would be provided alternative land of equal size and quality.
12.3 VALUATION FOR CUSTOMARY LAND
The GPE program activities will often require the land under customary tenure for its activities. In this
case, valuation methods for the affected land and assets should conform to customary laws and land assets
would be valued and compensated for according to the following guidelines:
61
the Communities would be compensated for assets and investments (including labor, crops,
buildings, and other improvements) according to the provisions of the resettlement plan;
Compensation rates would be replacement costs as of the date that the replacement is to be
provided;
the market prices for cash crops would have to be determined and used;
calculations for compensation would not be made after the cut-off date, in compliance with
this policy and;
for community land held under customary law, the permanent loss of any such land will be
covered by compensation in kind to the community.
12.4
CALCULATIONS
CONSIDERATIONS
FOR
COMPENSATION
PAYMENTS
AND
RELATED
12.4.1 General Considerations

12.4.1.1 Computation of Compensation
Where any land has been acquired under this Act, compensation will only be payable in addition to the
value of any improvement or works constructed on such lands:
for the loss of usufructuary rights over such lands in the case of land under customary tenure
and;
for the market value of such lands in the case of freehold land.
In estimating the compensation to be given for any land or any estate therein or the potential profits
thereof, the following will be taken into account:
a) The value of such lands, estates or interests or profits at the time of the emission of the notice to
acquire, and will not take into account any improvements or works made or constructed thereafter
on the lands,
b) That part only of the lands belonging to any entity /person acquired under this Act without
consideration for the enhancement of the value of the residue of the lands by reason of the
proximity of any improvements or works to be made or constructed by the GPE program and;
c) The value of the lands acquired for public purposes but also to the damage, if any, to be sustained
by the owner by reason of the injurious effects of severance of such lands from other lands
belonging to such owner or occupier.
For cash payments, compensation will be calculated in Ugandan currency adjusted for inflation. For
compensation in kind, items such as land, houses, other buildings, building materials, seedlings,
agricultural inputs and financial credits for equipment may be included. Assistance may include moving
allowance, transportation and labor.
Compensation for Land
Compensation for land is aimed at providing for loss of crops and the labour used to cultivate the crop.
Compensation relating to land will cover the market price of the land, the cost of the labour invested, as
well as the replacement cost of the crop lost.
Determination of Crop Compensation Rates
Prevailing prices for cash crops would have to be determined. Each type of crop is to be - compensated
for, using the same rate. This rate should incorporate the value for the crop and the value for the labor to
be invested in preparing new land.
Compensation Rates for Labour
62
The value of labor invested in preparing agricultural land will be compensated for at the average wage in
the community for the same period of time. The labor cost for preparing replacement land is calculated on
what it would cost a farmer to create a replacement farmland.
Compensation for Buildings and Structures
Compensation for buildings and other structures will be paid by replacement costs for labor and
construction materials of these structures including fences, water and sanitation facilities, etc, will be used
to calculate the values. Such compensation should take account of market values for materials and
supplies. Where part of the compensation is to be paid in cash the applicable replacement costs for
construction materials will be used to calculate the values. Alternatively, compensation will be paid inkind for the replacement cost without depreciation of the structure. The GPE program will survey and
update construction material prices on an on-going basis.
Compensation for Vegetable Gardens
Vegetables are planted and harvested for daily use. Until a replacement garden can be harvested, the
family displaced (economically or physically) as a result of the program will thereafter have to be
compensated at the purchase prices of these items on the market.
Compensation for Horticultural, Floricultural and Fruit trees
Given their significance to the local subsistence economy, fruit trees will be compensated on a combined
replacement value. Fruit trees commonly used for commercial purposes in Uganda will be compensated at
replacement value based on historical production statistics.
12.5 ENTITLEMENTS FOR COMPENSATION
Entitlements for compensation will be based on the eligibility criteria and the various categories of losses
identified in the desk studies and field consultations. Unless otherwise indicated, payment of
compensation and other entitlements and the extension of assistance will be made to PAP households and
individuals as the case may be.
In dealing with compensation, preference will be given to land based resettlement strategies for GPE
program Affected Persons whose livelihoods are land-based. Where sufficient land is not available at a
reasonable price, non-land based options centered on opportunities for employment or self-employment
should be provided in addition to cash compensation for land and other assets lost. However this lack of
land will be documented and justified.
In addition to these entitlements, households who are found in difficult situations and are at greater risk of
impoverishment (i.e. widowed household heads, households without employment, single parent
households, vulnerable groups, etc) as identified by the census will be provided with appropriate
assistance by government. Assistance may be in form of food, temporary accommodation, medical
subsidy, employment referrals or priority employment in program activities. The assistance is meant to
help them cope with the displacement caused by the program.
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13.0 PROCEDURE FOR DELIVERY OF COMPENSATION

Compensation and resettlement activities will be funded like any other program activity eligible under the
Universal Secondary Education. Funding would be processed and effected by the MoES preferably
directly to beneficiaries in conformity with the RAPs.
13.1 CONSULTATION AND PUBLIC PARTICIPATION
Consultation and public participation with the PAPs will initiate the compensation process. This
consultation and public participation has been part of an on-going process that would continue in all
stages. This trend will ensure that all affected individuals and households are well informed and
adequately involved in the entire process.
13.2 NOTIFICATION OF LAND RESOURCE HOLDERS
Those who hold title to the land resources would be informed through the process in 7.1above. Where
there are clearly no identified owners or users, MoES, the respective local government administrations,
lands offices and traditional leaders will be solicited to help identify owners or users and sensitise them
on the program and its implications. It is hoped, however that the media publications would be sufficient
to avoid such eventuality.
13.3 DOCUMENTATION OF HOLDINGS AND ASSETS
The local government structures, namely the LGs and the lower councils will be charged with all
documentation of data and information related to the acquisition of land, the compensation and payment
processes up to the level of the accounting officer MoES. That is, the Community workers of the Subcounties/Town Councils in collaboration with the Executive Committee of the village councils, the Parish
Development Committees and the School Board of Governors (BoG) will compile and record
data/information in village data books. The Community Worker in collaboration with the parish chief and
the Executive of the Parish Council will compile parish data and submit to the Sub-county Chief/Town
Clerk for on ward submission to the District Chief Administrative Officer/Municipal Town Clerk
(CAO/TC). Likewise, the CAO/TC/DEO will compile data/information and submit to the Permanent
Secretaries of the Ministry of Local Government and Ministry of Education and Sports. These will serve
as data for resettlement monitoring and evaluation.
13.4 COMPLAINTS AND GRIEVANCES MECHANISMS
Objections
Prior to approval of any resettlement plans for the different investment GPE program, individuals and
households already associated with the conception, design and location of the program activities would
have been in a position to express their dissatisfactions or grievances to the appropriate LG structures and
attempt to resolve these in an amicable manner using traditional and customary avenues of conflict
resolution. In pursuit of this same approach grievances could be addressed through the various tiers of
local government authority, and District Education Officers.
64
At the time that the individual resettlement and compensation plans are approved and individual
compensation contracts are signed, affected individuals would have been informed of the process for
expressing dissatisfaction and to seek redress.
The grievance procedure will be simple, administered as far as possible at the local level to facilitate
access, flexible and open to various proofs taking into cognizance of the fact that most people are illiterate
and poor requiring a speedy, just and fair resolution of their grievances. Therefore, taking these concerns
into account, all grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of
assets without compensation will be addressed to the existing local courts system of administration of
justice in the Districts and this will be addressed to MoES headquarters.
All attempts would be made to settle grievances. Those seeking redress and wishing to state grievances
would do so by notifying their village chief and the District Education Officer (DEO) and BoG. The DEO
will consult with the MoES, CAO, parish and village chiefs and BoG and other records to determine
claims validity. If valid, the village chief and School Board Committee will notify the complainant and
s/he will be settled.
If the complainants claim is rejected, then the matter will be brought before the District Land Tribunals
and/or the local courts for settlement. If the matter cannot be settled by the local courts and/or the District
Land Tribunals, the matter will go the High Court for resolution. The High Court of Uganda will be the
highest appellate judge in this system. The decision of the High Court would be final and all such
decisions will be reached within a full growing season after the complaint is lodged.
If a complaint pattern emerges, the BOGs, the local governments, MoES, parish and village leaders will
discuss possible remediation. The local leaders will be required to give advice concerning the need for
revisions to procedures. Once the MoES, local governments, parish and village leaders agree on necessary
and appropriate changes, then a written description of the changed process will be made. The MOES,
local governments, parish and village leaders will be responsible for communicating any changes to the
population.
In the local cultures it takes people time to decide that they are aggrieved and want to complain.
Therefore, the grievance procedures will give people up to the end of the next full agricultural season
after surrendering their assets to set forth their case.
Where all these avenues for redress of grievances have been exhausted without arriving at an amicable
solution or consensual decision, recourse can be had with the judicial institutions in place, namely the law
courts. In this regard, the Program is obliged to provide, in particular to vulnerable and disadvantaged
groups the requisite assistance enabling them to present their case to such decision-making organs of
government.
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14.0 RESETTLEMENT FUNDING

Dispositions or Funding
Funds for implementing inventory assessments as well as land acquisition and resettlement action plans
will be provided by the government of Uganda. In general, the cost burden of compensation will be borne
by the executing agencies i.e. Ministry of Education and Sports based on a comprehensive Government
Valuers report.
The estimate of the overall cost of resettlement and compensation would be determined. Disbursements
based on budgetary requirements, established by the RAPs in consultation with PAPs/DPs and local
chiefs, will made.
Since the specific sites and sub-projects are not yet determined, this RPF refers only to an estimated
number of PAPs. Because costs of resettlement and compensation are based on technical designs and
results of scoping, it is not possible to produce a detailed budget for RAP implementation. Once a budget
is finalized, it will be subject to approval by the World Bank.
An indicative RAP budget outline can be found in Table VI below.
Table VIII: Indicative Outline of a RAP Budget
Asset acquisition
Land
Structure
Crops and economic tress
Community infrastructure
Land Acquisition and Preparation
Land
Structures
Crops areas and others
Community infrastructure
Relocations
Transfer of possessions
Installation costs
66
Amount
or
number
Total estimated Agency responsible

cost
Economic Rehabilitation
Training
Capital Investments
Technical Assistance
Monitoring
Contingency
Item
Compensation for loss of Land
Costs
Assumptions
/hectare
For land acquisition purposes,

based on Ugandan average market
cost, or from similar projects
/hectare of
farm lost
Includes costs of labour invested

and average of highest price of
staple food crops and Ugandan
market prices
If applicable
Those affected would be provided

with shared access, or alternate
routes ( decision agreed through
consultation and participation of
all)
If applicable
Data provided from the revised

socio-economic study will
determine market values of catch,
fish products etc.
If applicable
This compensation may be in-kind

or cash. Costs for basic housing
needs should include ventilated pit
latrines, outside kitchen, and
storage.
/year/tree
Includes costs of labour invested

and average of highest price of
trees (and tree products) and
Ugandan market prices
/household
This cost reflects the moving and

transportation allowance
Compensation for loss of Crops
Compensation for loss of access to

pastoralists
Compensation for loss of access to fishing

resources.
Compensation for Buildings and Structures
Compensation for Trees
Cost of Relocation Assistance/Expenses
Cost of Restoration of Individual Income
67
Assumed to be higher than the

GDP/capita in Uganda
Cost of Restoration of Household Income
These costs reflect the livelihood

restoration program of the RAP
10
Cost of Training Farmers, pastoralists and

other PAPs
This is a mitigation measure

involving capacity building and
involves PAPs and affected
communities
Estimated costs
At this stage, it is not possible to estimate the likely number of people who may be affected. This is
because the GPE Program is being implemented in the existing structures and where new schools have
been constructed and the district local government have been identifying and recommending sites for the
program. However, on assumption that local government fail to identify free land for GPE program, the
cost may not exceed 10% of the total construction costs of all new facilities under the program.
Details on technical designs have not yet been developed and the land needs have not yet been identified.
When this information is available and after the conclusion of the site specific socio-economic study,
information on specific impacts, individual and household incomes and numbers of affected people and
other demographic data would be available. Such information will facilitate the preparation of a detailed
and accurate budget for resettlement and compensation. In case need arises, Ministry of Education and
Sports will prepare the resettlement budget that shall not exceed USD.10, 000,000 million i.e. about 10%
of the total construction cost of the new GPE facilities (estimated at USD 100 Million). This budget shall
be financed through existing administrative and financial management rules and procedures as the
Government of Uganda. The budget will be revised annually to meet the identified resettlement
requirements.
There shall be capacity building for MoES, local governments and BOGs involved in implementing
resettlement issues even before they arise. The estimated cost shall not exceed USD 1,000,000 (about
10% ) of the resettlement cost for the entire period.
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15.0 IMPLEMENTATION AND MONITORING PLANS

15.1 RESETTLEMENT ACTION PLANS
MoES will make sure that, a comprehensive Resettlement Action Plan is prepared for each GPE activity
that triggers resettlement. In this undertaking, MoES may, if need be contract the services of a valuation
expert to carry out the evaluations of the assets. In case of involuntary resettlement, approval of the new
land areas designated to be used for resettlement will be sought from the Government in consultation with
local communities.
The process of preparing the resettlement action plans, in line with the requirements of Section 5 above,
will involve the following:
a census will be carried out to identify PAPs and their assets;

the census will generate information about the Displaced Persons, their entitlements regarding
compensation, resettlement and rehabilitation assistance as required;
consultations with the affected people about acceptable alternatives;
disturbances, especially those affecting income-earning activities and impact on assets should be
properly recorded with the view to compensation or replacement in case of resettlement;
based on the census and inventory of losses, and in consultation with the Displaced Persons, a
time-phased action plan with a budget for provision of compensation, resettlement, and other
assistance as required, will be prepared and;
arrangements for monitoring and implementation
To ensure transparency of procedures, Displaced Persons will be informed of the method of valuation
employed to assess their assets. All payments of Compensation, Resettlement Assistance and
Rehabilitation Assistance, as the case may be, will be made in the presence of the MoES representative
and a witness, by District Education Officer(DEO) and the local dignitaries.
15.2 MONITORING ARRANGEMENTS
In order to assess whether the goals of the resettlement and compensation plan are met, a monitoring plan
will be required. This monitoring plan will include indicators to be monitored, guidelines, responsible
persons or institutions, necessary to carry out the monitoring activities and timelines (quarterly) when the
monitoring exercises will be conducted.
The arrangements for quarterly monitoring of the resettlement and compensation activities would fit the
overall monitoring program of the entire GPE program which would fall under the overall responsibility
of the Accounting Officer of MoES. \The Lead Officer will Director of Early Childhood and Primary
Education in the MoES. Other key players include: Primary Education Department, Construction
Management Unit, and Education Planning Department and Local Governments and these shall institute
an administrative reporting system that shall:
a) alert MoES authorities on the necessity for land acquisition in the GPE program activities design
and technical specifications;
69
b) provides timely information about the assets valuation and negotiation process;
c) provide reports on any grievances that require resolution;
d) provide documents on timely completion of GPE program resettlement obligations and;
e) any updates on the database with respect to changes that may occur on the ground as resettlement
and compensations activities are being implemented.
Annual evaluations shall be made in order to determine whether the PAPs have been paid in full and
before implementation of the individual UPPET activities; and whether the PAPs shall be enjoying the
same or higher standards of living than before.
A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation
and resettlement activities. These indicators shall be targeted at quantitatively measuring the physical and
socio-economic status of the PAPs and DPs, to determine and guide improvement in their social wellbeing. Therefore, monitoring indicators to be used for different RAPs or ARAPs will have to be
developed to respond to specific site conditions. Monitoring indicators may include:
No. of activities that have triggered Involuntary Resettlement (land acquisition) in the
program
Number of RAPs done
Number of people affected (if any)
Amount of compensation made
Number of complaints from affected communities/households (how many resolved, how
many outstanding, etc)
The RAP team will be expected to develop and implement a Monitoring and Evaluation Plan (MEP). The
main indicators that the MEP will measure include: (i) impacts on affected individuals, households, and
communities to be maintained at their pre-project standard of living, and better; (ii) improvement of
communities affected by the project; and (iii) management of disputes or conflicts. In order to measure
these impacts, the RAP identifies the specific indicators to be monitored; define how they will be
measured on a regular basis; and identify key monitoring milestones (e.g. at mid-point of the RAP
implementation process).
The MoES will establish a reporting system for the sub-project RAP that will:
(i) Provide timely information to the project about all resettlement and compensation issues arising
as a result of RAP related activities;

(ii) Identify any grievances, especially those that have not yet been resolved at the local level and
which may require resolution at the higher levels (e.g. by the MoES);
(iii) Document completion of project resettlement and compensation that are still pending, including
for all permanent and temporary losses;

(iv) Evaluate whether all PAPs have been compensated in accordance with the requirements of this
RPF and that PAPs have better living conditions and livelihoods; and
(v) Identify mitigation measures, as necessity, when there are significant changes in the indicators
that may require strategic interventions (e.g. vulnerable groups are not receiving sufficient
support from the sub-project).
70
The independent impact evaluation will determine:

(i) If compensation payments have been completed in a satisfactory manner; and
(ii) If there are improvements in livelihoods and well-being of PAPs.
Several indicators are used to measure these impacts. These include, among others, a comparison of
income levels before-and-after; access to livelihoods and employment; changes in standards of housing
and living conditions; and improvements in level of participation in sub-project activities. There are
measures to verify these basic indicators, such as number of children in-school (compared to pre-RAP
levels); changes in health standards; and changes in access to markets or roads all of which may reflect
overall improvements in standards of living.
The following methods will be used for measuring impacts:
(i) Questionnaires with data stored in a database for comparative analysis (before-after and
with-without);
(ii) Documentation and recording of PAPs situation, including subsequent uses of
assets/improvements;
(iii) Relocation/resettlement and Compensation Reports, including status of land impacts;
percentage of individuals selecting cash or a combination of cash and in-kind compensation;
proposed use of payments;
(iv) Number of grievances and time and quality of resolution; and
(v) Ability of individuals and families to re-establish their pre-resettlement activities, in terms of
improvements in land and crop production, and/or presence of other alternative incomes.
The RAP team will maintain, together with local officials, basic information on all physical or economic
displacement arising from the sub-project. This includes an update, for example on a quarterly basis, of
the following:
(i) Number of sub-projects requiring preparation of a RAP;
(ii) Number of households and individuals physically or economically displaced by each sub-
project;
(iii) Length of time from sub-project identification to payment of compensation to PAPs;
(iv) Timing of compensation in relation to commencement of physical works;
(v) Amount of compensation paid to each PAP household (if in cash), or the nature of
compensation (if in kind);

(vi) Number of people raising grievances in relation to each sub-project;
(vii) Number of unresolved grievances.
The MoES will review these statistics to determine whether the RAP implementation arrangements, as
defined in this RPF, are effective in addressing RAP related issues. Financial records will be maintained
by the sub-projects and the MoES, to determine the final cost of RAP implementation. The following
indicators (in Table IV) can be used to monitor implementation of the RAP.
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Table IX: Indicators of RAP Impacts
Monitoring (of Issues)
Evaluation (of Impacts)
Number of compensation (and valuation)

completed
Number of sub-projects unable
compensation after two years
Number of grievances filed
Number of
completed
livelihood
to
not Changes (+/-) in PAPs conditions during transition

process
settle Changes (+/-) in PAPs income and livelihood
conditions
Quality of
(qualitative)
restoration
grievances
or
disputes
resolved
programs Changes (+/-) in affected households income levels
Pre project production versus present production Equal or improved production per affected
levels ( crops for crops, land for land)
household/homestead
Annual audit: The annual audit of RPF implementation, and as applicable RAP implementation in subproject(s), includes: (i) a summary of RAP performance of each sub-project; (ii) a compliance review of
RAP implementation process; and (iii) a progress report on the quality of RAP implementation in terms
of application of guidelines provided in this RPF.
The audit will verify results of monitoring of RAP implementation indicators, and assess whether the
project achieved the resettlement objectives. A specific measure of whether livelihood and living
standards have been restored or enhanced will be completed. The audit will also assess the efficiency,
effectiveness, impact, and sustainability of RAP sub-project activities. The aim is to learn lessons for
application to future sub-projects or other projects in the sector and in the country. Finally, the audit will
ascertain whether the resettlement entitlements were appropriate, as defined in the RPF guidelines.
Socio-Economic assessment: The purpose of socio-economic assessment, which is part of the
evaluation process, is to ensure that PAPs livelihood and well-being have improved, and have not
worsened as a result of the sub-project. An assessment will be undertaken on payment of compensation,
restoration of income and livelihoods, and provision of sufficient community development activities.
Monitoring of living standards will continue after resettlement. Additionally a reasonable period (usually
two years) must be established for monitoring post-resettlement impacts. A number of indicators will be
used for measuring status of affected people.
72
Most socio-economic assessments use surveys, focus group meetings, and participatory appraisal tools for
measuring impacts. A separate assessment must be made for each sub-project. Additionally, since a
baseline household survey was completed during RAP preparation, the end-RAP assessment can measure
changes from this baseline.
73
List of Annexes
Annex 1
World Bank Resettlement Policy Framework (Excerpt from World Bank

Operational Policy 4.12, Involuntary Resettlement)
Annex 2
Annotated Outline for Preparing a Resettlement Action Plan (RAP)
Annex 3
Sample Grievance and Resolution Form
Annex 4
Sample Table of Contents for Consultation Reports
Annex 5
Summary of UPPET RPF Review
Annex 6
List of People contacted
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ANNEX 1: World Bank Resettlement Policy Framework (RPF)

[Excerpt from the World Bank OP4.12 Involuntary Resettlement, Revised April 2004]
These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of
the subject. OP 4.12 (Revised April 2004) applies only to projects that are governed by OP / BP
6.00,Bank Financing - that is, those in countries with approved country financing parameters. Other
operational policy statements governing Bank financing that have been amended to reflect OP/BP 6.00
also apply to these projects.
Projects in countries without approved country financing parameters continue to be subject to other
operational policy statements governing Bank financing.
Resettlement Policy Framework
For sector investment operations that may involve involuntary resettlement, the Bank requires that the
project implementing agency screen subprojects to be financed by the Bank to ensure their consistency
with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy
framework that conforms to this policy . The framework also estimates, to the extent feasible, the total
population to be displaced, and the overall resettlement costs.
For financial intermediary operations that may involve involuntary resettlement, the Bank requires that
the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency
with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit
to the Bank a resettlement policy framework conforming to this policy . In addition, the framework
includes an assessment of the institutional capacity and procedures of each of the FIs that will be
responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in
the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the
legal agreements specify the obligation of the FIs to obtain from the potential sub-borrowers a
resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects
involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is
accepted for Bank financing.
For other Bank-assisted project with multiple subprojects that may involve involuntary resettlement, the
Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before
appraisal of the project unless, because of the nature and design of the project or of a specific subproject
or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is
known but precise sitting alignments cannot be determined. In such cases, the borrower submits a
resettlement policy framework consistent with this policy prior to appraisal . For other subprojects that do
not fall within the above criteria, a resettlement plan conforming to this policy is required prior to
appraisal.
For each subproject included in a project described in paragraphs 26, 27, or 28 that may involve
resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan
that is consistent with the provisions of the policy framework be submitted to the Bank for approval
before the subproject is accepted for Bank financing.
75
For projects described in paragraphs 26-28 above, the Bank may agree, in writing, that sub-project
resettlement plans may be approved by the project implementing agency or a responsible government
agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate
institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such
delegation, and appropriate remedies for the entitys approval of resettlement plans found not to comply
with Bank policy, is provided for in the legal agreements for the project. In all such cases, implementation
of the resettlement plans is subject to ex post review by the Bank.
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ANNEX 2: Annotated Outline for Preparing a Resettlement Action Plan

(RAP)
This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank
external website [INSERT LINK].
The scope and level of detail of the RAP will vary depending on the magnitude and complexity of
resettlement or displacement. The RAP is prepared based on the most recent and accurate information on
the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups;
and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project
context.
A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited
to, the following:
Description of the sub-project: General description of the sub-project and identification of sub-project
area or areas.
Potential Impacts: Identification of the: (i) the sub-project components or activities that require
resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives
considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to
minimize resettlement, displacement, and restricted access, to the extent possible, during project
implementation.
Objectives: The main objectives of the resettlement program as these apply to the sub-projects.
Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of
project preparation, and with the involvement of potentially affected people will be needed. These
generally include the results of a census of the affected populations covering:
(i)
(ii)
(iii)
(iv)
(v)
Current occupants of the affected area as a basis for design of the RAP and to clearly set
a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for
compensation and resettlement assistance;
Standard characteristics of displaced households, including a description of production
systems, labor, and household organization; and baseline information on livelihoods (including,
as relevant, production levels and income derived from both formal and informal economic
activities) and standards of living (including health status) of the displaced population;
Magnitude of the expected loss, total or partial, of assets, and the extent of displacement,
physical or economic;
Information on vulnerable groups or persons, for whom special provisions may have to
be made; and
Provisions to update information on the displaced peoples livelihoods and standards of
living at regular intervals so that the latest information is available at the time of their
displacement, and to measure impacts (or changes) in their livelihood and living conditions.
There may be other studies that the RAP can draw upon, such as those describing the following:
77
(i)
(ii)
(iii)
(iv)
Land tenure, property, and transfer systems, including an inventory of common property natural
resources from which people derive their livelihoods and sustenance, non-title-based usufruct
systems (including fishing, grazing, or use of forest areas) governed by local recognized land
allocation mechanisms, and any issues raised by different tenure systems in the sub project area;
Patterns of social interaction in the affected communities, including social support systems, and
how they will be affected by the sub-project;
Public infrastructure and social services that will be affected; and
Social and cultural characteristics of displaced communities, and their host communities,
including a description of formal and informal institutions. These may cover, for example,
community organizations; cultural, social or ritual groups; and non-governmental organizations
(NGOs) that may be relevant to the consultation strategy and to designing and implementing the
resettlement activities.
Legal Framework: The analysis of the legal and institutional framework should cover the following:
(i) Scope of existing land and property laws governing resources, including state-owned lands under
eminent domain and the nature of compensation associated with valuation methodologies; land
market; mode and timing of payments, etc;
(ii) Applicable legal and administrative procedures, including a description of the grievance procedures
and remedies available to PAPs in the judicial process and the execution of these procedures,
including any available alternative dispute resolution mechanisms that may be relevant to
implementation of the RAP for the sub-project;
(iii) Relevant laws ( including customary and traditional law) governing land tenure, valuation of assets
and losses, compensation, and natural resource usage rights, customary personal law; communal laws,
etc related to displacement and resettlement, and environmental laws and social welfare legislation;
(iv) Laws and regulations relating to the agencies responsible for implementing resettlement activities in
the sub-projects;
(v) Gaps, if any, between local laws covering resettlement and the Banks resettlement policy, and the
mechanisms for addressing such gaps; and
(vi) Legal steps necessary to ensure the effective implementation of RAP activities in the sub-projects,
including, as appropriate, a process for recognizing claims to legal rights to land, including claims
that derive from customary and traditional usage, etc and which are specific to the sub-projects.
The institutional framework governing RAP implementation generally covers:
(i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that
may have a role in RAP implementation;

(ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP
implementation, monitoring, and evaluation; and

(iii) Activities for enhancing the institutional capacities of agencies, offices, and civil society groups,
especially in the consultation and monitoring processes.
Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for
compensation and other resettlement assistance, including relevant cut-off dates.
Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages,
for the purpose of determining their replacement costs; and a description of the proposed types and levels
of compensation consistent with national and local laws and measures, as necessary, to ensure that these
are based on acceptable values (e.g. market rates).
78
Resettlement Measures: A description of the compensation and other resettlement measures that will
assist each category of eligible PAPs to achieve the objectives of OP 4.12. Aside from compensation,
these measures should include programs for livelihood restoration, grievance mechanisms, consultations,
and disclosure of information.
Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover
the following:
(i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural
or urban, for which a combination of productive potential, location advantages, and other factors is at
least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and
transfer land and ancillary resources;
(ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites;
(iii) Procedures for physical relocation under the project, including timetables for site preparation and
transfer; and
(iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being
resettled.
Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing,
infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other
necessary site development, engineering, and architectural designs for these facilities should be described.
Environmental protection and management: A description of the boundaries of the relocation area is
needed. This description includes an assessment of the environmental impacts of the proposed
resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the
environmental assessment of the main investment requiring the resettlement).
Community Participation: Consistent with the World Banks policy on consultation and disclosure, a
strategy for consultation with, and participation of, PAPs and host communities, should include:
(i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and
implementation of resettlement activities;

(ii) Summary of the consultations and how PAPs views were taken into account in preparing the
resettlement plan; and

(iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options
available to them, including choices related to forms of compensation and resettlement assistance, to
relocating as individual families or as parts of pre-existing communities or kinship groups, to
sustaining existing patterns of group organization, and to retaining access to cultural property (e.g.
places of worship, pilgrimage centers, cemeteries); and
(iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout
planning and implementation, and measures to ensure that vulnerable groups (including indigenous
peoples, ethnic minorities, landless, children and youth, and women) are adequately represented.
The consultations should cover measures to mitigate the impact of resettlement on any host communities,
including:
(i) Consultations with host communities and local governments;
(ii) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to
PAPs;
(iii) Conflict resolution involving PAPs and host communities; and
79
(iv) Additional services (e.g. education, water, health, and production services) in host communities to
make them at least comparable to services available to PAPs.

Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and
accessible procedure is in place for third-party settlement of disputes arising from resettlement. These
mechanisms should take into account the availability of judicial and legal services, as well as community
and traditional dispute settlement mechanisms.
RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities
of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of
RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination
between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including
technical assistance) needed to strengthen the implementing agencies capacities of responsibility for
managing facilities and services provided under the project and for transferring to PAPs some
responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory
monitoring; etc).
Implementation Schedule: An implementation schedule covering all RAP activities from preparation,
implementation, and monitoring and evaluation should be included. These should identify the target dates
for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date.
The schedule should indicate how the RAP activities are linked to the implementation of the overall
project.
Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates
for all RAP activities, including allowances for inflation, population growth, and other contingencies;
timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should
include other fiduciary arrangements consistent with the rest of the project governing financial
management and procurement.
Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency,
and the independent monitoring of these activities, should be included in the RAP section on monitoring
and evaluation. The final evaluation should be done by an independent monitor or agency to measure
RAP outcomes and impacts on PAPS livelihood and living conditions. The World Bank has examples of
performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities;
involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a
reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to
guide subsequent implementation.
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ANNEX 3: Sample Grievance and Resolution Form

Name (Filer of Complaint):
__________________________________
ID Number:
__________________________________ (PAPs ID number)
Contact Information : __________________________________ (Village ; mobile phone)
Nature of Grievance or Complaint:
_____________________________________________________________________________________
_____________________________________________________________________________________
Date
Individuals Contacted Summary of Discussion
____________
__________________
___________________________
Signature_______________________ Date: ____________

Signed (Filer of Complaint):
______________________________________
Name of Person Filing Complaint :__________________________( if different from Filer)
Position or Relationship to Filer: __________________________________
Review/Resolution
Date of Conciliation Session: ______________________________________
Was Filer Present? :
Yes
No
Was field verification of complaint conducted?
Yes
No
Findings of field investigation:
_____________________________________________________________________________________
_____________________________________________________________________________________
Summary of Conciliation Session Discussion:
_____________________________________________________________________________________
_____________________________________________________________________________________
Issues _____________________________________________________________________________
Was agreement reached on the issues?
Yes
No
If agreement was reached, detail the agreement below:
If agreement was not reached, specify the points of disagreement below:
____________________________________________________________________________________
Signed (Conciliator):
___________________________
Signed: ___________________________
Independent Observer
Date:
81
___________________________
Signed (Filer): ________________
ANNEX 4: Sample Table of Contents for Consultation Reports

1.0 Introduction.
1.1 Project Description
1.2 Applicable Laws, Regulations, and Policies to Public Engagement
1.3 Project Lenders
2.0 Stakeholder Analysis
2.1 Areas of Influence/Stakeholders
2.2 Description of Stakeholders
3.0 Stakeholder Engagement
3.1 Previous Consultation Activities
3.2 Implemented Community Engagement Activities
3.3 Project Sponsors Community Engagement Plan
3.3.1 Phase 1 Initial Stakeholder Consultation
3.3.2 Phase 2 Release of the SEA Terms of Reference and Draft PCDP
3.3.3 Phase 3 Release of SEA Consultation Summary Report
4.0 Summary of Key Issues
5.0 Future Consultation Events
5.1 Phase 4 Release of the SEA Report and Action Plans
5.2 Phase 5 RCDAP Planning Consultation
5.3 Phase 6 -Ongoing Project Communication
6.0 Disclosure Plan
Tables
Table 2.1: Consultation Activity Summary
Table 3.1: Initial Government Agency Consultations
Table 3.2: Summary of NGO Meetings
Table 3.3: Sub-County Committee Composition
Table 3.4: Summary of Community Discussions
82
Table 3.5: Local Community Comments

Table 4.1: Summary of Key Issues and Responses
Table 5.1: Summary of Future Consultation Activities per Stakeholder Group
TEMPLATE Table on Consultation Activity Summary
Location and
Communities
Represented
Example:
83
Meeting Dates
Attendees
Discussion Summary
THE UGANDA GLOBAL PARTNERSHIP FOR EDUCATION (GPE) PROJECT

REVIEW AND UPDATE OF THE RESETTLEMENT POLICY FRAMEWORK (RPF) OF
UNIVERSAL POST-PRIMARY EDUCATION AND TRAINING PROGRAMME TO THE
GLOBAL PARTNERSHIP FOR EDUCATION PROJECT
DRAFT SUMMARY REPORT
June 4, 2013
The GoU through the MoES is in the process of realising Grants from the WB for the project entitled the
Global Partnership for Education (GPE). The project will focus on Early Childhood (EC) and Primary
Education in Uganda. To support the implementation of the project, the MoES undertook to review and
update the Resettlement Policy Framework (RPF) for the Universal Post-Primary Education and Training
(UPPET) programme and align it to the anticipated GPE project. This report is therefore a brief
presentation of the process undertaken in reviewing the RPF for UPPET and the ensuing findings which
facilitated its adaptation to the GPE project (Refer to the new RPF for GPE, the key output of this
exercise).
As a first step, a review of the following documentation was undertaken: the GPE and UPPET concept
papers, UPPET and GPE PADs, The Uganda Land Policy, and the RPF for UPPET. Following the desk
review, an introductory and planning meeting with Ministry and World Bank officials was held at the
MoES headquarters to initiate primary data collection for the exercise. It is important to note that the
following documents could not be accessed either because they were not available or could not be
provided in time: UPPET supervision reports, the Implementation Status Reports (ISR) of UPPET,
developed/implemented RAPs, Integrated Safeguards Data Sheets (ISDS), and MoES UPPET progress
reports. These could have provided documented experiences on the implementation of the social
safeguards (involuntary resettlement policy), and used to inform primary data collection on the subject
matter.
Key informant interviews with relevant MoES officials were carried out following the introductory and
planning meeting at the Ministrys headquarters. Subsequently, interviews with head teachers of selected
UPPET and GPE beneficiary schools in Kampala Division and Wakiso district were undertaken. The
purpose of key informant interviews with head teachers of UPPET schools were to solicit first hand
experiences from people who were/are engaged in implementing the RPF for UPPET and draw lessons
that could be used to adapt it to the new project. On the other hand interviews with head teachers of
primary schools expected to benefit from the GPE project provided information on the likelihood of
displacements and resettlements as well as the social impacts resulting from the implementation of the
GPE project
The table below provides a summary of preliminary findings of the exercise.
84
Tasks
1
Review & update

information on
implementing
institutions for
RPF/UPPET with regard
to the following aspects
Units of
responsibility for GPE
Available
resource persons for
social safeguards
Commitment
to social safeguards
Capacity of
the implementing
agency & other SH
Findings
-Like UPPET, the GPE is a GoU project implemented by the MoES, whose institutional responsibility is to ensure that the
project is implemented through the existing institutional structures that govern early childhood and primary education right
from the ministry level to the local (school) level.
-Therefore the early childhood and primary education section/department of MoES will be the relevant division for the GPE.
-The projects, planning and budgeting unit in MoES remains crucial for the GPE project.
-Schools (BoG/SMC) and the contractors will be the key implementers of the GPE project at local level.
-Although the district LG did not play a role except district engineers who undertook supplementary supervision as their
general responsibility demands them to do so for all government projects in their areas of jurisdiction, they will play an
important role in the GPE project. Findings revealed that the MoES implemented the UPPET project and handed over to the
school management. The Ministry also has its staff of assistant engineers based at the district (34 Assistant Engineers in
total). One assistant engineer could control about 4 districts.
The district engineers were not facilitated but the assistant engineers were. The DEO, RDC, LCV undertook monitoring to
check physical progress for UPPET but never issued any instructions. Although they sometimes can stop work if they see
shoddy work being done, this has to be backed by some technical support in order to stop work. It is therefore expected that
the GPE will take the same course but with greater involvement of the district this time round given that primary education is
decentralised and also using the SFG approach that involves Districts.
-Therefore at district level, the District Education Office (DEO) - Inspector of schools section and the District Engineers
Office with close collaboration of the CDO are expected to play a greater role in the implementation of the RPF.
-The schools (SMC/BoG) with the help of MoES identified and engaged construction contractors through competitive
bidding, and therefore should be equipped with the skills to implement land acquisition/resettlement at the beneficiarys level.
The BoG procures the contractors, oversees/supervises much of the project implementation and makes reports for
accountability purposes.
The key players in implementation of the UPPET at local level are the SMC and the contractors. The SMCs observe and
make follow ups on the identified issues. The MoES role is to make follow ups and ensure that these local level implementers
are doing what is required of them. There are weaknesses with the SMCs and thus a need for more sensitisation and follow
up by MOES with regard to the RPF issues. The CMC does the monitoring; the consultants for UPPET to supervise and the
contractor implements. Overall, there is a need to make follow ups on all agreed positions with regard to RPF. On average,
the projects take 5 to 6 months to completion but they begin at different times. Therefore sensitisation is done only once at the
beginning of the project. Recommendation: What needs to be emphasised is sensitisation, monitoring, follow-up and
reporting to ensure that the policy is implemented where issues are identified and what is agreed upon.
85
Tasks
Findings
According to the MoES, there have not been major cases (except a few isolated cases) that have called for the implementation
of the RPF for UPPET to warrant a specific resource person responsible for implementing land acquisition/resettlement. It is
expected to be the same for GPE project because the project will be implemented within existing schools where displacements
and resettlements are not anticipated, thus limited social issues. The Ministry indicated that there were no issues of
compensation or resettlement; hence the RPF for UPPET was never implemented. However, on the ground cases that called
for compensation were revealed and they were addressed with difficulty and limitation, there was no action plan.
Interviews with head teachers: However, the interviews with head teachers of selected UPPET beneficiary schools revealed
the contrary even when the project was implemented within existing school premises. In one of the schools, the teachers were
displaced because they were using the land on which the construction took place for growing crops to reduce on the costs of
meeting some of their household food needs. At the time of the project, there were potatoes and maize planted on the land.
Therefore the head teacher had to negotiate with only those teachers whose potatoes were about to mature on a personal and
friendly level for some acceptable compensation by estimation.
Process: The head teacher sat down with the affected teachers, counselled them and asked them what they estimated was the
value (in monetary terms) for the crops which were being destroyed by the project. Each of them agreed to take the amount
that the school administration was able to offer at the level of negotiation and they were paid. Understanding how important
the project was to the school and knowing that they too would benefit from the project minimised the stress this would have
caused the school administration. This did not stop them from feeling bad though, especially those who were not
compensated at all, only that they had nothing to do. This process was done informally and was never documented. While
compensation was made for the crops on the land at the time, the impact of taking away the only piece of land on which
teachers grew crops cannot be underestimated, and was not compensated at all. It was also observed that the land was being
used by teachers for grazing their livestock (cattle and goats). As a result, the teachers were adversely affected and at the
moment have nowhere to grow their crops. Besides, the piece of land on which the UPPET project is was earmarked for
teachers staff quarters hence no more land for that purpose in case resources are found.
In another school case, the UPPET project was going to have severe consequences had it not been handled swiftly and
professionally. In this case it was a Church of Uganda (CoU) community/land which had a primary and secondary school
both with clear demarcations but with a shared football field. The football pitch also served the surrounding community for
various activities. Trouble arose when the land on which construction would take place was not enough.
The contractor then advised the school management to add a small strip of land (about 4 metres) from the football pitch to
allow for a proper foundation for the building and some space for operation. When the community learned about it in
addition to some miscommunication running through that the school management had sold the football pitch to investors, they
took up arms to attack the school and police was brought in to protect the school and students. Process: The school
86
Tasks
Findings
management, church leaders from Namirembe diocese and the LC leaders met to sort out the issue. Minutes of the BoG
meetings were availed to community leaders to allay fears that the land had been sold to an investor but instead was a
UPPET project which would benefit them all. Eventually it was agreed that only a strip of about 4 metres be given to the
project and the project proceeded as planned. The process was documented but did not involve compensation as the football
pitch is still intact serving its purpose. Some of the community members who were against the project are reportedly
becoming embarrassed on realising and appreciating the importance of the project as they watch work progressing.
In the same school, the project temporarily displaced the ground for school assemblies which are now being held in the
football field but will move to the middle area once the project is completed and the middle block is broken down. The project
also displaced 3 offices and 3 classrooms to create space for its implementation in addition to reducing the operation area for
the school. One classroom, the deputy head teachers office, the deputy-academics office, and the staff room were brought
down in the process. Two classrooms had to be turned into the deputy head teachers office and another into a staff room.
This meant that the school had to reduce the number of streams for some classes implying oversized classes and a reduction
in the schools total enrolment2. Consequently, parents of students who could not be enrolled are failing to cope with the
high school fees in the private schools around, this being the only USE around here. To date, some parents and students
(some with good grades 12, 13) still come to beg if they can be squeezed in but have been told until next year. This issue
has not been documented nor compensation* procedures undertaken. Another incidence in the same school involved a
neighbour of the school who was concerned about his privacy due to the construction of a storied building next to his
residence3. A letter was written to the school administration to this effect, which was forwarded to the schools BoG, who in
turn referred the matter to the MoES. There is no official communication from the Ministry over the matter yet but gave a
signal to the school management to proceed with the project.
While it was difficult to determine the level of commitment by the MoES to address social safeguard issues in relation to
involuntary resettlement policy because the UPPET project did not experience any issues commitment in their plans and
budgets as well as their guidance given to affected schools on how to handle the issues in spite of their lack of, should give
some indication on the matter.
Lessons Learned: The MoES did not implement the RPF/RAPs for UPPET for some reasons but not the lack of occurrence
of displacements and resettlements or social issues as reported. There are significant displacements and resettlements in the
For example O level had 5 streams per class before the project and on starting the project, S.4 was reduced to 4 streams, S.3 also to 4 streams, S.2 remained
with 5 streams and S.1 reduced to 3 streams for only this year in order to cope with the limited space. The school had to reduce the enrolment for S.1from the
usual 450 to 280 this year. The total current school enrolment is 1664 from 1750 last year
3
The concerned resident happens to be a Minister in the Government of Uganda. And the school is hoping that perhaps high windows should be put on the side
of the Ministers residence to minimise on his privacy concerns.
87
Tasks
Findings
schools, some not visible in the normal sense of displacement and others almost impossible to identify until the project
starts. It also comes out that during sensitisations done before the projects started; issues on the RPF for UPPET were not
handled. Consultations with local communities, leaders, and PAPs are not carried out. Each affected school handled issues of
involuntary resettlements in their own systematic way, formally and informally, without guidance from MoES based on
RPF/UPPET which should not be the case with GPE once the gaps are addressed. Participation of all affected parties and
documentation of the entire process from screening to completion of compensation, resettlement and follow-up facilitate a
smooth resettlement and minimises vulnerabilities. Compensation was not done fully where it occurred which left the victims
in a worse state than before the project. If the guidelines provided in the RPF for UPPET had been followed, the worst case
scenario that was about to happen in one of the schools would not have occurred.
Capacity Gaps/Needs: The Ministry did not implement the RPF not because there are no social issues but due to other factors
which may be related to capacity needs. The following capacity needs of the implementing agency and other SH to
implement RPF were identified: the lack of a clear comprehension of the RPF and its implementation calling for training; the
inability for the Ministry to meet compensation requirements; sensitisation of the RPF for UPPET/GPE is required at all
levels (ministry, districts and schools); skills in identifying beforehand and management of emerging social issues; skills in
management systems and procedures; a resource person to handle RPF issues at the various implementation levels is needed.
Recommendations: It is recommended that at least one relevant personnel at the ministry and district level should be
facilitated in terms of skilling and knowledge about the RPF to guide the schools in its implementation. Furthermore,
sensitisation, consultations with the communities/beneficiaries and sharing of plans of the project should be undertaken early
enough and adequately through sharing relevant information in order to deny room for project saboteurs or misinformation as
well as enable affected persons prepare for the likely effects and ensure they are mitigated. It is also recommended that the
implementation of the RPF should involve all aggrieved parties, be systematically documented and reported involving the few
emerging cases or the total lack of. Capacity building in the implementation and monitoring of social safeguard issues with
regard to the RPF is recommended. Potential triggers of OP 4.12 IRP should be identified and a list be made available by
MoES as a check list.
2.
Review and Recommend

what could potentially
trigger OP 4.12
Involuntary
Resettlement Policy
88
Potential triggers: According to MoES, there were or are no social issues likely to trigger OP 4.12 IRP from the UPPET
experience. However, findings at school level revealed that activities such as: teachers utilising school land for farming and
livestock rearing, destruction of old buildings/Ecosan toilets to pave way for the project, displacement of temporary structures
(e.g. teachers houses) serving different purposes for the school, extension of the project into recreation areas, individual land
donations without documentation and with unclear demarcations which remain idle and the community continues utilising it,
and the lack of school site plans which could lead to replacing green areas with buildings (not only destroying the
environment but also denying students/pupils areas for relaxation reading or revising, are likely to cause involuntary
resettlement and trigger OP 4.12.
Tasks
3.
Review the Agencies

experience in
implementing social
safeguards (RPF under
UPPET)
Findings
As indicated earlier, the Ministry reported that compensation and resettlement issues have not occurred in the UPPET
experience because the schools are already existing and almost 99% of them are religious body founded that is to say the
land for the schools was donated by religious foundation bodies (CoU, Catholic Church, Muslim Supreme Council) therefore
no displacements of people or gardens/community activities took place. The only issue that arose was to do with the unclear
demarcations of school land - some of the schools do not have land titles for instance they will report that the land is 6 acres
but where the six acres start and end is not clear. Consequently, whenever there was a need for expansion by constructing a
new structure as is the case with UPPET, demarcation issues arose.
It was also reported that there were no individual land donations encountered with the UPPET project. However, it was noted
that during the assessment for the GPE project, there were a few cases where individuals donated land for development but
there is no documentation or land title. In this case, an individual out of good will gives the school land and allows it to
operate the school on it. In addition, there is no documentation or agreement to this effect but acceptance is given only by
word of mouth. The problem with this is that when the individual who gave the land dies, as was the case in some district, the
sons come out to reclaim the land and ask the school to pay for it. In the end, either the school buys the land or leaves its
premises on failure to pay for it. In this case the Ministry told the head teacher of the concerned school to find a way of
agreeing with the aggrieved parties and get written documentation whether they are going to buy it or agree on some lease
and provide documentation before government commits itself to construct on the land, as government was not willing to
invest on land without proper ownership.
Against this background, the implementing agency (MoES) has not had any experience in implementing social safeguards
(RPF under UPPET) as the few cases identified where left to the school management to handle. By and large, the findings
point to issues related to ownership of the UPPET project which may apply to the GPE project as well. The project is viewed
as one for the WB as reference was made to in our own programmes. What is referred to as their own projects involves, for
instance, presidential pledges that go direct to the districts through the CAO and Ministry only monitors. There are also
Ministrys own projects that are handled centrally like those for emergency. Mention was made that the modalities for GPE
are still being debated; that WB wants to send it to the district like the School Facilitation Grant (SFG). And therefore GPE is
likely to be district based. UPPET was school based where the district had no role at all. It was the SMCs and the MoES
supervising. In one Ministry officers opinion, a mix of the two (district and MoES) would be appropriate and gave an
example of what is being implemented in Northern Uganda supported by the Royal Netherlands Government. The district
identifies contractors and sends to the MoES for approval a kind of sandwich arrangement. With UPPET project, at some
point the Ministrys Assistant Engineers were kicked out because there are World Bank consultants doing the work. The
problem with UPPET is that it is between the school, contractors and consulting firms (e.g. Aspro, KK consultants etc.)
engaged by WB who control say 4 districts in the region. The consultants (who have different professionals on their teams)
do it on behalf of the MoES so that the Ministry only does monitoring. The district and assistant engineers are not involved in
89
Tasks
Findings
screening or implementing the RPF.
Lessons Learned: It is important for the Ministry to encourage all schools to document all land acquisitions/donations to
minimise grievances and in cases where the lack of documentation causes social issues, the ministry should not leave it up to
the schools but should guide them in line with the RPF for UPPET/GPE to ensure an informed, fair and transparent
documented process. Furthermore the process should not be seen as a liability to development but as a prerequisite to ensure
that worsening vulnerabilities is avoided while being mindful of the fact that some situations may be abused by some
community members. The designing of UPPET project where the work is between the schools, contractors and WB
Consultants (e.g. Aspro, KK Consultants) is a problem in itself because at one point in time the Ministrys Assistant Engineers
were sidelined the lesson here is that since these are agencies involved with implementing the Project, they should be the
ones to implement the RPF as well where applicable. Another lesson regards ownership issues of the project as constant
reference is made to WB project and our projects it is not clear what should be done but something has to be done to
ensure that the government/ministry takes ownership of the project and this could be about the way the World Bank relates
with government/ministry regarding the project.
4.
Review & update theRPF

Management tools for
UPPET
5.
Review & update the

Grievance redress
mechanisms and RAP
guidelines
90
The RPF Management tools for UPPET (screening procedures, checklists, assessment of typical anticipated impacts, and
draft RAPs for typical impact mitigation) were not used at all because reportedly there were no social issues that emerged and
required redress. However, as findings suggest these tools could have been utilised in a case identified at one of the schools.
It was therefore not possible to identify any challenges or limitations with the management tools that would help to improve
the RPF in relation to GPE activities
As in number 4 above, the failure to identify social issues and the subsequent lack of the application of the RPF did not give
the Ministry an opportunity to experience using grievance redress mechanisms and RAP guidelines. To this end, the
consultant was unable to review and update the grievance redress mechanisms and RAP guidelines drawn from the experience
of implementing RPF under UPPET.
List of People met During the UPPET RPF Review

Name
1. Ms. Innocent
Mulindwa
Institution/Designation
Senior Education
Specialist, World Bank
Contact
0414 230094
imulindwa@worldbank.org
2. Ms. Constance
NekessaOuma
Social Development
Specialist, World Bank
0414 230094
27/05/2013
cnekessaouma@worldbank.org
3. Ms. Doreen Matovu

- Lwanga
Assistant Commissioner,
CMU, MoES
0711 390 139

drnmatove@yahoo.com
27/05/2013
4. Eng. Lugolobi
Thaddeus
Civil Engineer, CMU,

MoES
414 341285/0712 957782

lugolobithaddeus@yahoo.com
27/05/2013 and
28/05/2013
5. Mr. Martin Muyingo
Head Teacher,
WampewoNtakke Senior
Secondary School
0718 979 280/0700 670544

Muyingom2000@yahoo.co.uk
30/05/2013
6. Ms. Olive Kyohere
Head teacher, Luzira

Senior Secondary School
C/o Luzira SS
30/05/2013
7. Mr. Charles Omingo
Deputy Head teacher,

Luzira Senior Secondary
School
C/o Luzira SS
30/05/2013
8. Mr.ErejoArkanjelo
Deputy Head teacher St.

James Primary School,
Biina
C/o St. James PS Biina
30/05/2013
9. Mr.
Deputy Head teacher St.

James Primary School,
Biina
C/o St. James PS Biina
30/05/2013
91
Date
24/05/2013

The Resettlement Policy Framework - For Disclosure

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THE REPUBLIC OF UGANDA

MINISTRY OF EDUCATION AND SPORTS

UGANDA TEACHER AND SCHOOL EFFECTIVENESS PROJECT

RESETTLEMENT POLICY FRAMEWORK (RPF)

PROJECT DESCRIPTION .............................................................................................................................. 8

PROJECT COMPONENTS ..............................................................................................................................................8

7.2.6 Land Tenure and Property Rights ..............................................................................................................33

14.0 RESETTLEMENT FUNDING ................................................................................................................... 66

Population characteristics of Uganda ...12

Categories of losses and their impacts and displaced persons.22

RPF Implementation Structure..25

Key Lessons from UPPET RPF Review..26-28

Local Government Units29

Comparison of Uganda Law and World Bank Policies on RAP...36-41

Indicative Outline of a RAP Budget.66-68

Indicators of RAP Impacts72

Resettlement Policy Framework (RPF) for GPE, 2013

ABBREVIATIONS AND ACRONYMS

Resettlement Policy Framework (RPF) for GPE, 2013

Resettlement and Compensation Plan, also known as a Resettlement Action Plan(RAP) or

Resettlement Policy Framework (RPF) for GPE, 2013

Resettlement Policy Framework (RPF) for GPE, 2013

Identify the scope of the program;

Resettlement Policy Framework (RPF) for GPE, 2013

5.0 Socio-Economic Assessment

Resettlement Policy Framework (RPF) for GPE, 2013

5.1.3 Terrestrial Resources and relation to the project

Resettlement Policy Framework (RPF) for GPE, 2013

Resettlement Policy Framework (RPF) for GPE, 2013

5.2 Socio-Economic and Cultural Environment

Resettlement Policy Framework (RPF) for GPE, 2013

visits in 2009/10 in government and private Not-For-Profit healthcare facilities.

Resettlement Policy Framework (RPF) for GPE, 2013

Creation of a Productive Momentum

Without Mitigation Measures With Mitigation and Attenuation

Productive re-installation, advice and

Execution of the measures to ensure the efficiency

Displacement of Populations prior to GPE Program

Installation of GPE Program after consultations responding to

Resettlement Policy Framework (RPF) for GPE, 2013

avoiding displacement of people in the first place or,

Resettlement Policy Framework (RPF) for GPE, 2013

Table II: Categories of losses and their impacts on displaced persons

Loss of land but no

Impoverishment, loss of sources of income and means of livelihood, loss of

due to Impoverishment, weakening of community systems and social networks, loss of

PAPs and host

Impoverishment, loss of sources of income, reduced time and access to

6.2 BASIS FOR THE RESETTLEMENT POLICY FRAMEWORK

Resettlement Policy Framework (RPF) for GPE, 2013

Encouraging community participation in planning and implementing land acquisition,

6.3 OBJECTIVES AND JUSTIFICATION OF THE RPF

6.3.1 Objectives of the RPF

disruption of production systems,

6.3.2 Specific Objectives

6.3.3 Justification for the RFP

Resettlement Policy Framework (RPF) for GPE, 2013

target dates for start and completion of civil works,

Resettlement Policy Framework (RPF) for GPE, 2013

6.3.4 RPF Implementation Structure

MoES through Consultants with approval from Chief

MoES, Local Government Authority, SMC, BoG and

Ministry of Finance, Planning and Economic

Resettlement Policy Framework (RPF) for GPE, 2013